A federal judge in North Dakota has temporarily blocked the implementation of the Biden administration’s controversial “Waters of the United States” (WOTUS) rule, granting the request of a coalition of 24 states and more than a dozen industry groups.
On Dec. 30, the Environmental Protection Agency (EPA) announced its final “Revised Definition of Waters of the United States” rule, broadening what types of water sources were subject to federal regulation under the Clean Water Act.
In issuing the April 12 injunction (pdf), U.S. District Judge Daniel L. Hovland held that the plaintiff states had successfully demonstrated that the new rule “poses a threat” to their sovereignty and amounts to “irreparable harm.”
Judge got that right. “…poses a threat” to their sovereignty … The Court finds that a far broader segment of the public would benefit from a preliminary injunction because it would ensure that federal agencies do not extend their power beyond the express delegation from Congress.” … noting matter being weighed by the Supreme Court in a similar case, Judge held, “Common sense dictates that it only makes sense to wait.” Why, I imagine, so what the hey.