A federal judge in North Dakota, Judge Ralph Erickson of the District Court for the District of North Dakota, blocked implementation of EPA and the Army Corps of Engineers' final Clean Water Rule August 27, which was slated to take effect August 28. EPA has suggested the injunction will only impact the 13 states that filed for it: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
In issuing a preliminary injunction against the rule, Judge Ralph Erickson found the 13 states that brought the lawsuit would likely be harmed without court intervention. EPA stated the injunction will only impact the above 13 states, and the rule took effect for all other states.
Several other WOTUS related lawsuits by states and industry groups are pending in other jurisdictions.
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