DES MOINES, Iowa (AP) 鈥 A federal judge on Wednesday temporarily blocked a federal rule in 24 states that is intended to protect thousands of small streams, wetlands and other waterways throughout the nation.
U.S. District Judge Daniel L. Hovland in Bismarck, North Dakota, halted the regulations from the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers pending the outcome of a lawsuit filed by the 24 states, most of which are led by Republicans. The regulations were finalized in December 2022, repealing a rule implemented during President Donald Trump's administration but .
Opponents of the regulations, which define which 鈥渨aters of the United States鈥 are protected by the Clean Water Act, have called the rules an example of federal overreach and argued they would unfairly burden farmers and ranchers.
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. An injunction was previously issued that halted the rules in Texas and Idaho.
In his 45-page order, Hovland wrote that the federal regulation 鈥渞aises a litany of ... statutory and constitutional concerns and would cause great harm to the states."
"Once again, the courts have affirmed that the Biden administration鈥檚 WOTUS rule is overreaching and harmful to America鈥檚 beef farmers and ranchers,鈥 said Todd Wilkinson, a South Dakota cattle producer and president of the 好色tv Cattlemen's Beef Association. 鈥淐attle producers in 26 states now have some additional certainty while this rule is being litigated and we are optimistic that the Supreme Court will provide nationwide clarity on the federal government鈥檚 proper jurisdiction over water.鈥
The EPA said in a statement that the agency and the Army Corps of Engineers were reviewing the decision but still believe the regulations were 鈥渢he best鈥 interpretation of the Clean Water Act. The agency says its rules would still stand in states not included in the injunction.
鈥淭he agencies remain committed to establishing and implementing a durable definition of 鈥榳aters of the United States鈥 informed by diverse perspectives,鈥 the EPA said in the statement. 鈥淥ur goal is to protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.鈥
The injunction comes less than a week after a congressional resolution that would have overturned the rule. The House and Senate had to block the regulations, with several Democrats joining Republicans in opposing the regulations.
John Rumpler, clean water program director at Environment America, a national network of state environmental organizations, said the EPA rule blocked by the judge is supported by science and the law and that the judge was misreading the purpose of the Clean Water Act.
鈥淔rom a favorite stream for fishing to the water flowing from our kitchen sinks, we all depend on clean water to survive and thrive,鈥 Rumpler said in a statement. 鈥淭hat is why an overwhelming number of Americans support stronger protections for our waterways.鈥
However, West Virginia Attorney General Patrick Morrisey said the key is finding the right balance between powers given to states and the federal government.
鈥淭his rule would harm jobs and economic growth by taking jurisdiction from states and asserting federal authority over nearly any body of water, including roadside ditches, short-lived streams and many other areas where water may flow only once every 100 years,鈥 Morrisey said.
