U.S. Reps. Kelly Armstrong (R-ND) and Frank Lucas (R-OK) on April 12 commended action by a federal district judge in North Dakota to temporarily block the Biden administration’s clean water rule in 24 states.
“This injunction is great news for North Dakota’s ag producers as they gear up for planting season,” Rep. Armstrong said. “The Biden administration’s WOTUS rule is a red-tape disaster that does nothing to keep our water clean. I’m hopeful the court will ultimately throw it out.”
U.S. District Court of North Dakota Judge Daniel Hovland on Wednesday granted a preliminary injunction against the “Revised Definition of Water of the United States (WOTUS)” rule, which is intended to protect thousands of America’s small wetlands, streams, and other waterways.
The preliminary injunction prohibits the rule’s enforcement, implementation, or application in 24 states, which earlier this year filed a complaint against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers objecting to the WOTUS rule.
“Beginning with the Obama administration and furthered by President Biden, WOTUS has continued to burden farmers, ranchers, and landowners with overreaching and unworkable regulations,” said Rep. Lucas, noting that they “deserve a WOTUS definition that is fair and provides regulatory clarity and certainty to agriculture and businesses.”
In 2015, the Obama administration’s WOTUS rule expanded the definition of “waters of the United States” and authorized the federal government to regulate almost any waters, including streams, ditches, ponds, and creeks, according to information provided by Rep. Lucas’ staff, noting that the Trump-era Navigable Waters Protection Rule in 2020 revised the WOTUS definition again, reversing what many Republicans called overreach by the federal government.
But in 2021, President Joe Biden signed an executive order directing federal agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted between Jan. 20, 2017 and Jan. 20, 2021, including the Navigable Waters Protection Rule. Under the direction of Executive Order 13990, the EPA and the Army Corps of Engineers on Dec. 30, 2022 released a final rule to again start the process of redefining the WOTUS rule under the Clean Water Act.
On Capitol Hill, the U.S. House of Representatives on March 9 approved House Joint Resolution (H.J.Res.) 27, a disapproval under the Congressional Review Act (CRA) of the Biden administration’s WOTUS rule. The U.S. Senate on March 29 approved the resolution with a 53-43 vote.
Nevertheless, Biden on April 6 vetoed the CRA resolution, saying it would leave Americans without a clear definition of “waters of the United States.”
At the same time, the U.S. Supreme Court is considering Sackett v. EPA, a federal court case related to the jurisdiction of the EPA and federal government, as well as the scope of the Clean Water Act.
“I applaud the U.S. District Court’s preliminary injunction of the Biden administration’s WOTUS rule, and I remain optimistic that the Supreme Court will provide nationwide clarity soon,” Rep. Lucas said.
The preliminary injunction affects 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, West Virginia, and Wyoming.