Federal Judge Stops WOTUS Rule in 13 States
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Published
9/2/2015
District Court Judge Ralph Erickson on Thursday (August 24, 2015) granted a preliminary injunction requested by North Dakota and a dozen other states that sued the Environmental Protection Agency and Army Corps of Engineers in June over their Waters of the United States rule. The preliminary injunction temporarily stops the WOTUS rule from going into effect today in Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
Erickson wrote in his order that the states are likely to succeed on their claim in part because “it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue.”
“On balance, the harms favor the states,” Erickson wrote. “The risk of irreparable harm to the states is both imminent and likely. More importantly, delaying the rule will cause the agencies no appreciable harm. Delaying implementation to allow a full and final resolution on the merits is in the best interests of the public.”
Text of Judge Erickson’s preliminary injunction
Erickson wrote in his order that the states are likely to succeed on their claim in part because “it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue.”
“On balance, the harms favor the states,” Erickson wrote. “The risk of irreparable harm to the states is both imminent and likely. More importantly, delaying the rule will cause the agencies no appreciable harm. Delaying implementation to allow a full and final resolution on the merits is in the best interests of the public.”
Text of Judge Erickson’s preliminary injunction
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