FARGO – North Dakota Attorney General Wayne Stenehjem applauded the U.S. District Court decision on Friday, March 23, granting the state’s request to proceed with challenging the Waters of the United States rule.
Stenehjem leads a coalition of 12 states that obtained a first preliminary injunction against the WOTUS rule in 2015, issued by the U.S. District Court for the District of North Dakota.
In late January, the U.S. Supreme Court unanimously upheld North Dakota’s position on the jurisdictional issue. Despite this, the U.S. asked the District Court in North Dakota to not allow the state’s challenge to go forward.
Magistrate Judge Alice Senechal rejected that request Friday, granting North Dakota the right to continue with its challenge.
“This is a major victory for North Dakota and our economy,” said Stenehjem. “Our long and tireless efforts to oppose this rule have seen one victory after another. I appreciate the efforts the EPA is making to discard or limit the rule, but environmental groups are suing to keep them from doing that.”
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Stenehjem added that it’s important for the state to obtain a final ruling in the case declaring the WOTUS rule legally invalid and permanently enjoining implementation of the rule. If implemented, the WOTUS rule would take jurisdiction over safeguarding water bodies from the states and grant it to federal agencies.
