NATHEL INTERNATIONAL, INC., Plaintiff, v. VINCENT B. ZANINOVICH & SONS, INC., Defendant., No. 118CV00729LJOSAB, 2018 WL 4510717 (E.D. Cal. Sept. 18, 2018);  Defendant contends that PACA only provides jurisdiction to hear disputes that seek to impose damages liability, and secondly, that Plaintiffs have not alleged facts to support a separate diversity jurisdiction. Defendant argues that, since Plaintiff is only seeking declaratory relief, the Court does not have jurisdiction over this dispute. Defendant also contends that this court should decline to decide the complaint for declaratory relief because there is an alternative forum, the United States Department of Agriculture (“USDA”) that is deciding the same issue and has primary jurisdiction over the matter. Alternately, Defendant seeks for the Court to stay this action pending resolution of the proceedings in the USDA to avoid a waste of resources and conflicting judicial determinations.

STATE OF TEXAS, et al, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al, Defendants., No. 3:15-CV-00162, 2018 WL 4518230 (S.D. Tex. Sept. 12, 2018); Pending before the Court is Plaintiffs’ Motion for a Preliminary Injunction. Having read the briefs in support of this motion, the response, and the reply, this Court hereby ORDERS that the motion is GRANTED and that the “Clean Water Rule: Definition of ‘Watersof the United States’ ” (the “Rule”), 80 Fed. Reg. 37,054 (June 29, 2015), be enjoined temporarily as to Texas, Louisiana, and Mississippi until this case is finally resolved.

DELAWARE RIVERKEEPER NETWORK; MAYA VAN ROSSUM, Petitioners v. SECRETARY PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents PennEast Pipeline, Co., LLC, Intervenor, No. 17-1456, 2018 WL 4519953 (3d Cir. Sept. 20, 2018); This case concerns a pipeline project (the “Project”). The Project involves the construction and operation of a 120-mile interstate natural gas pipeline that will move natural gas from the Marcellus Shale region in northeastern Pennsylvania to delivery points in lower Pennsylvania and New Jersey. At issue is a decision of the Pennsylvania Department of Environmental Protection (“PADEP”) to grant to pipeline a Water Quality Certification under Section 401 of the CleanWater Act. 33 U.S.C. § 1341(a)(1). The Petitioner, Delaware Riverkeeper Network (“DRN”), in addition to challenging PADEP’s decision on the merits, argues that the Certification issue is not ripe for review. For the reasons that follow, we conclude that we do have jurisdiction and that DRN’s challenge to the Certification fails on the merits.