Federal District Court Blocks Obama Water Rule

[Geee]

Heartland:

A federal judge in North Dakota issued a ruling blocking the Obama administration’s controversial Waters of the United States (WOTUS) rule, hours before it was due to take effect on August 28.

 

Judge Ralph Erickson of the District Court for the District of North Dakota found the 13 states suing to block the rule met the conditions necessary for a preliminary injunction. Those conditions include a high likelihood the states would be harmed if the court doesn’t act and that the states are likely to succeed when their lawsuit against the rule is finally decided.

 

The decision is a significant setback for the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, who were planning to begin enforcing WOTUS in September. The law was aimed at reducing water pollution by extending federal jurisdiction over small waterways, including temporary streams, ephemeral waterways, and isolated, seasonal wetlands.

 

“Immediately upon the rule taking effect, the rule will irreparably diminish the states’ power over their waters,” Erickson wrote in his order granting the stay.

 

Erickson described the Obama administration’s interpretation of its Clean Water Act jurisdiction as “exceptionally expansive.”