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Federal Judge in North Dakota Issues WOTUS Injunction in 24 States [1]

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Date: 2023-04-12

A federal judge in North Dakota granted a preliminary injunction on Monday preventing federal enforcement of the waters of the U.S. rule in 24 states. (DTN file photo)

OMAHA (DTN) -- The waters of the U.S. rule is now on hold in 26 states after a federal judge in North Dakota issued a preliminary injunction on Wednesday in the 24 states that filed a lawsuit against the Biden administration.

The U.S. District Court for the District of North Dakota's ruling now prevents enforcement of the WOTUS rule in Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.

Texas and Idaho previously received an injunction from the U.S. District Court for the Southern District of Texas.

The states along with several agriculture and other industry groups have argued in the lawsuit the latest WOTUS rule is a federal overreach and would exact serious costs to states and others to comply.

In his opinion and order, Judge Daniel L. Hovland said he agreed.

"The numerous declarations filed in this case by state officials outline in detail the specific costs of state compliance with the EPA's new 2023 rule, as well as the significant infringement on state sovereignty that confers standing on the named plaintiffs," Hovland said in the ruling.

"The 2023 rule does cause injury to states because they are the direct object of its requirements. And the states are also landowners with direct obligations under the Clean Water Act. There is not a mere possibility the new regulations will impact the states -- it is a given. The irreparable harm to the states that occurs with the implementation of the new 2023 rule is clear and undisputed."

Ag groups led by the American Farm Bureau Federation had asked the court to issue a national injunction against the rule, but the judge stopped short of that.

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[1] Url: https://www.dtnpf.com/agriculture/web/ag/news/article/2023/04/12/federal-judge-north-dakota-issues-24

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