The U.S. District Court for the District of North Dakota has granted Arkansas and 12 other states a preliminary injunction against the U.S. Environmental Protection Agency’s rule defining “Waters of the United States.”
The rule had an effective date of Aug. 28, but the states asked for a delay. The injunction stops the WOTUS rule from going into effect and prevents the EPA and U.S. Army Corps of Engineers from enforcing the rule until it can be fully litigated.
“Today’s ruling from the district court is an important victory for Arkansas,” Attorney General Leslie Rutledge said in a news release. “EPA’s WOTUS rule goes beyond the scope intended by Congress when it passed the Clean Water Act. At the very least, until these facts can be fully litigated in court, it is important that this damaging rule not harm Arkansas’s farmers and ranchers. This injunction is an important first step in a legal battle to show that the EPA exceeded its authority.”
In the order, Federal District Court Judge Ralph Erickson agreed that the rule should be delayed during the ongoing litigation, stating “the States are likely to succeed on their claim because (1) it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the rule at issue and (2) it appears likely the EPA failed to comply with APA requirements when promulgating the rule.”
Read the full injunction here.
In addition to Arkansas, the states included in the injunction are Alaska, Arizona, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
Reactions to WOTUS Rule
Arkansas’ senators and others released statements praising the decision.
U.S. Sen. Joh Boozman said in a statement, “This injunction comes just in time as the EPA’s overreaching rule was slated to go into effect today. Thankfully, Judge Erickson recognized that this mandate goes well beyond the scope of the Clean Water Act and its implementation carries ‘the risk of irreparable harm to the states.’
“This is an important first step in the legal battle, and I commend Attorney General Rutledge for her leadership in this case. … During my agriculture tour last week, Arkansans regularly spoke of the devastating effects WOTUS would have on their personal property rights. They see this as yet another abuse of executive authority by President Obama. Arkansans don’t need bureaucrats in Washington telling them how to use their land. We can do this best by protecting the role of states, local communities and private citizens to be a part of the process, instead of giving all power to Washington.”
Arkansas Farm Bureau president Randy Veach also commended the decision.
“This has not been a debate about how water should be regulated,” he said. “It has been an effort to see just how far the U.S. citizens would allow a government agency to get into their business. Hopefully, this injunction is the first step toward total dismissal of EPA’s efforts to supersede local and state authority.”
Sen. Tom Cotton said he opposes the rule and plans to monitor the case through the judicial process.
“This rule brings unprecedented new regulations that will allow the EPA to dictate everything from when Arkansas farmers can plant, to how often they can run a tractor on their farm,” he said. “Its devastating impact on our state cannot be overstated.”
