FARGO, N.D. – A federal judge filed an injunction against the Waters of the United States (WOTUS) rule arbitrated by the Enivronmental Protection Agency (EPA) Thursday.
Judge Ralph Erickson of the U.S. District Court of North Dakota found “the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue and… it appears likely the EPA failed to comply with APA [Administrative Procedures Act] requirements when promulgating the Rule.”
State governments from Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming all filed the suit.
The WOTUS rule has been vehemently opposed by farmers in multiple states, including Missouri, for its new definitions of American waterways, which can now include small, temporary streams and drainage ditches. WOTUS would be used in conjunction with the Clean Water Act in an effort for the EPA to have greater regulation over those areas. There are also some concerns the EPA acted outside their bounds when implementing the rule.
Farmers fear the new rule would add ambiguity to the Clean Water Act, require them to endure increased permitting and that it could stifle agricultural activities in many states that rely on agriculture as a significant part of their economies.
Missouri AG Chris Koster says the decision is a clear win for Missouri farmers.
“In issuing the preliminary injunction,” Koster said in a statement, “the federal court sent an unmistakable message to the EPA: You have gone too far. Missouri’s land and water resources should be regulated by officials accountable to the people of the state, not by arbitrary standards dictated from Washington DC.”
The Missouri Farm Bureau agreed with Koster.
“The decision is good news for farmers in Missouri,” a release from the Missouri Farm Bureau said. “Attorney General Chris Koster and the state of Missouri were leaders in securing the injunction. The judge found the rule to be arbitrary and overreaching, agreeing with criticisms from farmers and the states that brought the suit.”
Not everyone is happy about the decision though. The Missouri Coalition for the Environment says the Rule was meant to avoid additional litigation and clear up some of the vague rules around Missouri water ways.
“Missouri has yet to meet the 1983 deadlines of the Clean Water Act” said MCE Executive Director Heather Navarro. “We cannot afford further delay. This ruling denies protections to vital Missouri waters while allowing polluters to continue degrading the natural resources all of us downstream depend upon.”
