EPA Waters of the U.S. Rule Blocked by Federal Court

On Thursday, the Environmental Protection Agency’s (EPA) controversial rule expanding the definition of what constitutes a “Water of the United States” (WOTUS) was blocked in the U.S. District Court of North Dakota, just one day before the rule was set to take effect on August 28,2015.  The action comes as a result of a multi-state lawsuit filed in early July seeking an injunction against the agency. 

The rule has been the subject of widespread controversy since its release in 2014, with many viewing it as an inappropriate and unlawful expansion of the federal government’s jurisdiction over state, local, and private waterways.  The lawsuit in North Dakota was one of several suits filed to block the rule, with a similar request rejected in Georgia on Thursday.  It is unclear whether the injunction applies nationwide, or only in the thirteen states named in the suit.