A judge blocked a controversial Environmental Protection Agency rule to “clarify” the definition of protected waters hours before it was set to go into effect Friday.
The EPA Waters of the United States rule covers “most” seasonal and rain-dependent streams, which account for about 60 percent of stream miles in the country, arguing they have “a considerable impact on the downstream waters.”
Wetlands “near rivers and streams” would be protected under the CWA, and “other types of waters [that] may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant.” Critics say this could be construed to even include ponds and ditches on private property.
The U.S. District Court in North Dakota granted a preliminary injunction against the rule going into effect — but that only covers 13 states that are parties in one suit against the regulations, and the EPA said others would be subject to the rule starting Friday. There are additional pending lawsuits as well, with more than half of the states in the nation participating.