A federal judge is temporarily blocking the implementation of a Waters of the United States rule backed by the Biden administration that aimed to protect streams and other waterways.
South Dakota is one of 24 states that filed a lawsuit against the proposed rule in North Dakota Federal Court, according to Attorney General Marty Jackley's office.
U.S. District Judge Daniel Hovland's ruling Wednesday stops the Environmental Protection Agency and U.S. Army Corps of Engineers from implementing the rule in all states taking part in the lawsuit, pending the final outcome of the case.
In the lawsuit, the states argue the WOTUS rule would redefine “navigable waters” to include ponds, certain streams, ditches, and other bodies of water that would be placed under the Clean Water Act.
“This proposal would require farmers, ranches, developers and other property owners to get permission from the EPA and the Corps to use these water ways,” Jackley said in a press release. “This would place an undue burden on South Dakotans to comply with such unreasonable restrictions.”
The rule is backed by President Joe Biden, who recently vetoed a congressional resolution that would have blocked the rule.
The EPA released a statement saying the agency remains committed to establishing the rule, and that their goal is to "protect public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.”
Other states involved in the lawsuit are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming. Idaho and Texas were previously granted an injunction in March.
