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

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

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

Johnny Barton

Logistics Coordinator

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

No comparison. Lion has the best RCRA training ever!!

Matt Sabine

Environmental Specialist

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

Download Our Latest Whitepaper

Look beyond the annual "Top 10 List" to see specifics about the most cited OSHA health & safety Standards and the individual regulations that tripped up employers the most last year. 

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.