A federal judge in North Dakota has clarified that his injunction blocking a new USEPA definition of “waters of the United States” in the language of the Clean Water Act applies only to the 13 states that sued to block the rule and is not applicable nationwide.
The ruling by U.S. District Judge Ralph Erickson clarified the temporary injunction he issued on August 27 at the request of North Dakota and 12 other states. The states sought to stop USEPA and the Army Corps of Engineers from regulating some small streams, tributaries and wetlands under the Clean Water Act.
“Because there are competing sovereign interests and competing judicial rulings, the court declines to extend the preliminary injunction at issue beyond the entities actually before it,” Erickson wrote.
This week, Mississippi and Alabama joined 16 other states in filing a separate motion to block the rule.
— Access Environmental (@AccessEnviro) September 11, 2015