Washington Report

North Dakota and 12 other states filed a request on Monday asking a federal judge to postpone the Environmental Protection Agency (EPA) and the Army Corps Engineer “Waters of the United States” (WOTUS) rule that turns jurisdiction of some state waters over to federal authorities. The motion, filed in Bismarck by North Dakota Attorney General Wayne Stenehjem, seeks a preliminary injunction that would halt WOTUS from going into effect on August 28.

Under the new rule, federal agencies – and not the states – will have authority to protect certain bodies of water under the Clean Water Act. The new law will help determine which waters are governed by the Clean Water Act.

“The rule is perhaps the most controversial and widely objectionable rule that would usurp state and local control over vast reaches of water in North Dakota and across the nation,” Stenehjem said. He added that the rule is an “unlawful power grab by the federal government” that will not help improve the water quality in North Dakota.

The 12 other states that joined North Dakota in the move to delay the federal jurisdiction of state waters are: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, South Dakota, and Wyoming.

Last month, North Dakota and 30 other states sent a letter to the EPA and Army Corps requesting that the implementation of the new law be put off for nine months to give way for a “thorough judicial review before imposing costly and disruptive burdens on the states.”  However, the EPA has not given a reply.