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A federal judge in North Dakota on Thursday blocked a new Obama administration rule that would give the federal government jurisdiction over some smaller waterways just hours before it was set to go into effect. U.S. District Judge Ralph Erickson in Fargo issued a temporary injunction requested by North Dakota and 12 other states halting the U.S. Environmental Protection Agency and Army Corps of Engineers from regulating some small streams, tributaries and wetlands under the Clean Water Act. The rule, which has prompted fierce criticism from farmers among others, was scheduled to take effect Friday.
North Dakota Attorney General Wayne Stenehjem, who filed the injunction request, said his reading of the ruling was that it applied to all 50 states, not just the 13 that sued. But the EPA said in a statement that it applied only to the 13 and it would be enforced beginning Friday in all other states. The 13 states exempted for now are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
Erickson, who was appointed by President George W. Bush in 2003, said the EPA had exceeded its authority in issuing the regulation. "The risk of irreparable harm to the states is both imminent and likely," Erickson said in granting the request from the 13 states. The judge said that among other things, the rule would require "jurisdictional studies" of every proposed natural gas, oil or water pipeline project in North Dakota, a state which is at the center of an energy exploration boom.....snip~
Judge Blocks Obama Administration'''s Rule On Waterways
It appears the other states will now have to file their own suits to stop the EPA in their own states. What say ye?
North Dakota Attorney General Wayne Stenehjem, who filed the injunction request, said his reading of the ruling was that it applied to all 50 states, not just the 13 that sued. But the EPA said in a statement that it applied only to the 13 and it would be enforced beginning Friday in all other states. The 13 states exempted for now are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
Erickson, who was appointed by President George W. Bush in 2003, said the EPA had exceeded its authority in issuing the regulation. "The risk of irreparable harm to the states is both imminent and likely," Erickson said in granting the request from the 13 states. The judge said that among other things, the rule would require "jurisdictional studies" of every proposed natural gas, oil or water pipeline project in North Dakota, a state which is at the center of an energy exploration boom.....snip~
Judge Blocks Obama Administration'''s Rule On Waterways
It appears the other states will now have to file their own suits to stop the EPA in their own states. What say ye?