Late Thursday afternoon, a North Dakota federal judge granted an injunction against the Waters of the U.S. rule, effectively delaying implementation by the Environmental Protection Agency for 13 states. U.S. District Judge Ralph Erickson of North Dakota issued a temporary injunction against the rule, while two other courts denied the injunction this week. Erickson said “the risk of irreparable harm to the states is both imminent and likely,” granting the injunction.
Earlier in the day, the EPA had remained on track to implement the rule, according to the Hagstrom report. The Obama administration will implement the Clean Water Rule as scheduled Friday everywhere but those 13 states. Two other federal judges had denied injunctions in separate cases.
The court document from the North Dakota judge stated “it appears likely that the EPA has violated its Congressional grant of authority.” The states included in the injunction are: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.”
To view the ruling click here.