Supreme Court Narrows Legal Path to Pause Rules

What happened: The U.S. Supreme Court ruled last week that lower court judges can no longer issue nationwide injunctions—broad orders that pause enforcement of federal policies while legal challenges are underway. Although the case was unrelated to transportation construction, the Court made clear that allowing a single judge to block a federal policy nationwide goes too far—unless there are specific reasons tied to the parties in the case.

Why it matters: Many associations have used nationwide injunctions to pause harmful regulations while legal challenges play out. For example, the EPA’s Waters of the United States (WOTUS) rule was blocked nationwide during litigation, sparing regulated entities from immediate compliance.

The Supreme Court’s ruling now limits this tool, meaning that if a rule’s compliance date has passed, members must comply even as lawsuits proceed.

What’s next: The Court left open the possibility that judges can still strike down unlawful rules entirely under certain circumstances, and ARTBA will continue to monitor these developments and assess their implications for future legal strategy. For questions, please contact Prianka Sharma.