Search

EPA’s ‘Waters of the US’ Rule Blocked in 13 States

Posted on 8/28/2015 by Roger Marks

Updated (10/09/15): On October 9, 2015, the US Court of Appeals for the Sixth Circuit issued an Order of Stay, effectively blocking EPA’s new Clean Water regulation nationwide until legal challenges are settled. 



Updated (09/04/14): On Friday, September 4, Federal judge Ralph Erickson clarified that the "Waters of the US" rule is blocked in only the thirteen US states listed in the injuction, not nationwide (see the map below). 

One day before EPA’s new “Waters of the US Rule” was set to take effect, a Federal judge has issued an injunction to block implementation of the new law in 13 US states.

In an 18-page decision, North Dakota Federal judge Ralph Erickson says the rule suffers from a “fatal defect” and that EPA “has violated its Congressional grant of authority in its promulgation of this rule.”

At this time, EPA says it plans to enforce the new rule as planned in states not included in the injunction.

The rule will not be enforced in the following states until the issue has been decided: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.

Map of the thirteen states that blocked US EPA’s new Clean Water Act rule

Finalized on June 29, 2015, the new rule puts more bodies of water under the scope of the US EPA’s Clean Water Act. The rule affects industry compliance with water programs like oil spill prevention and reporting, permit regulations, and more. Read more about the Waters of the US Rule here.

Tags: Act, Clean, EPA, new rules, Water, WOTUS

Find a Post

Compliance Archives

Lion - Quotes

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.

John Brown, CSP

Director of Safety & Env Affairs

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!

Paul Harbison

Hazardous Waste Professional

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste Technician

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Download Our Latest Whitepaper

In most cases, injuries that occur at work are work-related and must be recorded to maintain compliance with OSHA regulations. This report shows you the 9 types of injuries you don’t record.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.