Monday, August 31, 2015

ND Fed Judge Blocks WOTUS Rule In 13 States

<> ND Fed Judge Blocks WOTUS Rule In 13 States - Judge Ralph Erickson of the District Court for the District of North Dakota found that the 13 states [ND, AK, AZ, AR, CO, ID, MO, MT, NE, NV, SD, WY, NM] suing to block the rule met the conditions necessary for a preliminary injunction, including that they would likely be harmed if courts didn't act and that they are likely to succeed when their underlying lawsuit against the rule is decided.

  • North Dakota et al v. U.S. EPA - North Dakota et al v. U.S. EPA - 8/27/15. The Judge ordered: "The States have established that the Dataphase factors weigh in favor of injunctive relief. Their motion for a preliminary injunction, enjoining Fed. Reg. 37,054-127, jointly promulgated by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, is granted."
  • New federal rule protecting streams takes effect in some states, not others
  • Roberts Praises Decision to Halt EPA's - U.S. Senator Pat Roberts, R-Kan., Chairman of the Senate Committee on Agriculture, Nutrition and Forestry, is pleased to announce a decision by a federal judge to halt the damaging 'Waters of the U.S.' (WOTUS) rule from implementation in 13 states.