Gov. C.L. “Butch” Otter issued a recent statement about an 11th-hour injunction, temporarily preventing the Environmental Protection Agency and U.S. Army Corps of Engineers from imposing contested rules on 13 states including Idaho.
Federal Judge Ralph Erickson in Bismarck, North Dakota, granted a preliminary injunction preventing the rules from going into effect on Aug. 28.
“This is a short-term victory for common sense. I opposed these misguided, overly broad and one-sided standards from the outset and am encouraged that Judge Erickson sees merit in our argument,” Otter said.
Otter criticized the EPA’s handling of these rules.
“By law, the EPA is supposed to consult with states in developing these rules. They didn’t do that,” Otter said. “Instead they forced on states like Idaho, regulatory language that is capricious and arbitrary. The EPA issued their draft rule prior to their own science advisory board finalizing their review. This kind of unilateral rule-making sets a dangerous precedent that fails to recognize the regional differences inherent in delivering water in arid places like the American west.”
We are hopeful a final ruling will permanently prevent the EPA from the inappropriate seizure of state authority that was attempted in this ill-conceived federal plan,” Otter said. “In the meantime, I will work with our partners in the Idaho Congressional delegation to ensure Idaho is fairly represented in future rule-making efforts that have designs on Idaho water.”