A North Dakota federal judge issued a preliminary injunction blocking the Environmental Protection Agency’s (EPA’s) new Clean Water Rule from taking effect. The new rule, which further defines the scope of waters protected under the Clean Water Act (CWA), was to take effect today, August 28, 2015. The injunction is based on lawsuits brought by 13 states arguing the rule will diminish the states’ authority over waters. In all, 29 states, along with various other groups have filed suits to block the rule.
The EPA issued a statement shortly after the ruling declaring the new Clean Water Rule to be effective in all states but the 13 that filed for the injunction: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
If you have questions regarding the new rule or how it may affect a current or proposed project, please contact aci consulting’s Austin office.