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Federal Court Upholds Stay of Waste Prevention Rule Phase-In Provisions

By Ryan Elliott

On April 30, 2018, the U.S. District Court for the District of Wyoming denied a motion to stay its April 4, 2018 order staying the phase-in implementation provisions of the Bureau of Land Management’s (BLM) Waste Prevention Rule, pending an appeal of the Court’s April 4th order filed by various environmental groups, California and New Mexico.  The Court denied the motion, holding “Intervenor-Respondents have not met their burden of showing the circumstances here warrant a stay pending their appeal of this Court's order.”  The Court explained that “a stay of the phase-in provisions is necessary to preserve the status quo and to prevent irreparable injury pending these review proceedings” while the BLM reconsiders the Waste Prevention Rule.  The Court also clarified that its April 4th order only applies to the phase-in provisions of the Waste Prevention Rule.

Tags: Waste Prevention Rule, Bureau of Land Management, BLM, Environment

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