Judge Temporarily Blocks Enforcement of Biden’s Water Rule in 24 States

A coalition of 24 states and several industry groups obtained an April 12 injunction from a federal judge in North Dakota that temporarily prevents the implementation of President Joe Biden’s controversial “Waters of the United States” (WOTUS) rule, which broadens the types of water sources subject to federal regulation under the Clean Water Act. In the injunction, U.S. District Judge Daniel L. Hovland ruled that the new rule presented a danger to the plaintiff states’ sovereignty and was tantamount to “irreparable harm”.

Judge Hovland wrote, “One of the purposes of a preliminary injunction is to preserve the status quo…The ripple effects caused by the 2023 Rule strongly favor maintaining the status quo for now.… 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.” The judge also noted that since a similar case is pending before the Supreme Court, it was logical to wait for the High Court’s ruling.

West Virginia Attorney General Patrick Morrissey, who led the states’ challenge to the rule, hailed Judge Hovland’s decision as a victory for states’ rights. “This is a victory for the states because this rule, if allowed to be implemented, will upset the balance of power between the states and the federal government without clear statement from Congress…It creates unneeded delays and costs for farmers, contractors, ranchers, and anyone who cares about economic activity…This rule would harm jobs and economic growth by taking jurisdiction from states and asserting federal authority over nearly any body of water, including roadside ditches, short-lived streams, and many other areas where water may flow only once every 100 years.”

Aside from West Virginia, the other states who challenged the rule were Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wyoming.