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

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