"Water Policy: Judge Throws Major Obama Rule Into Doubt"

"The legal and practical morass surrounding the Obama administration's controversial water rule became more muddied [Thursday] when a federal judge blocked its implementation in 13 states just hours before it was set to go into effect.

In an 18-page ruling late yesterday, U.S. District Court Chief Judge Ralph Erickson for the District of North Dakota granted a preliminary injunction against U.S. EPA and the Army Corps of Engineers' Waters of the U.S. rule, which redefines which streams and wetlands warrant federal protection under the Clean Water Act.

Erickson ruled that the regulation likely oversteps the Supreme Court's standard for federal authority set in its 2006 Rapanos v. United States decision and that the agencies also appear to have violated Administrative Procedures Act requirements. Although the Department of Justice had focused its arguments opposing the injunction on questions of venue, Erickson found that challengers have a "fair chance of success" on the merits of the case."

Annie Snider and Jeremy Jacobs report for Greenwire August 28, 2015.

SEE ALSO:

"Despite Court Setback, EPA Will Enforce Water Rules in Most States, Including Pennsylvania" (Reading Eagle)