Yesterday, a federal judge in North Dakota temporarily enjoined the Biden Administration’s Waters of the United States (WOTUS) rule from remaining in effect in 24 states. This latest decision comes after a judge in Texas prevented the rule from going into effect in Texas and Idaho.
The preliminary injunction affects 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.
The WOTUS rule, which defines federal jurisdiction of bodies of water throughout the country, has gone through three iterations in the last eight years and is subject to a pending decision in the Supreme Court that could limit the authority of the Environmental Protection Agency (EPA). That decision is expected sometime before the Supreme Court adjourns for the summer. The House and Senate also recently passed a resolution that would scrap the rule, but President Biden vetoed it.
NCA will continue to monitor the situation and provide updates. It is still possible for a federal judge to issue a nationwide injunction against the rule. NCA and other allied organizations have all weighed in opposing the Biden WOTUS rule
Contact NCA President & CEO Joe Trauger at [email protected] if you have any questions or comments.