Farmers Score Major Victory as Judge Pauses Biden Admin’s Green Regulations

A coalition of 24 states and several industry groups has succeeded in blocking the Environmental Protection Agency’s (EPA) Waters of the United States (WOTUS) rule, thanks to a recent ruling by a federal judge in the US District Court for the District of North Dakota. Judge Daniel Hovland granted a request from the coalition to pause the implementation of the rule that was recently approved by the EPA in December. The rule is seen by farmers and the coalition as an example of federal overreach that would infringe on the states’ authority to regulate water sources and surrounding land.

In the lawsuit, the coalition led by West Virginia, Georgia, Iowa, and North Dakota argued that the WOTUS rule would create delays and added costs for ranchers, farmers, and contractors, which would impact economic activity. The EPA’s WOTUS rule allows for the regulation of permanent waterways, streams, wetlands, and ponds, mimicking the Obama administration’s environmental rule implemented in 2015 to curb water pollution. It is a broad interpretation of the types of water sources that require protection under the Clean Water Act.

Judge Hovland agreed with the 24-state coalition and industry groups, saying that the “risk of harms to the States is great,” and that implementing a new rule before the Supreme Court makes a ruling on a related case pending before it would be unwise. “The Supreme Court’s decision in Sackett will be issued by June 2023 and will likely address many of the unresolved legal issues and jurisdictional determinations at the heart of this lawsuit,” Hovland said in his ruling.

Several industry groups such as the American Farm Bureau Federation, National Mining Association, National Corn Growers Association, among others, joined the lawsuit as intervenor-plaintiffs.

The US Senate and House also passed a bipartisan resolution in favor of the farmers earlier in the year, but President Biden vetoed it on April 6. Meanwhile, the Supreme Court is expected to rule on a related case concerning Sackett v. EPA, which deals with a property owner’s denied home construction due to a WOTUS violation by June 2023.