Eleventh Hour District Court Ruling Delays Waters of the U.S. Rule in 13 States
On Thursday, Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a motion by 13 states(Illinois was not part of the lawsuit) to prevent the EPA and Army Corps "Clean Water Rule" to take effect August 28. Two other District Courts had earlier dismissed similar cases due to lack of jurisdiction, however Judge Erickson found that not only did the District Court have jurisdiction, but also that the rule would cause "irreparable harm" if it took effect. EPA and Army Corps have said that the injunction will only apply to the 13 states who brought the suit, and that the rule would still take effect in the other 37 states. There are many other lawsuits still pending in various courts, IFCA will continue to provide updates as the litigation moves forward.