Update: Two other Federal District Courts declined challenges for lack of jurisdiction, ruling that the proper venue for challenges to the new Rule is in the Circuit Court. EPA issued a statement declaring that in the 13 states covered by the North Dakota District Court ruling, the prior 2008 Rapanos Guidance would continue to be used, while outside those 13 states the new Rule is in effect. As Bette Davis once said, “Fasten your seat belts, we’re in for a bumpy ride.”
A North Dakota federal judge has issued a preliminary injunction halting implementation of the Clean Water Rule that was to go into effect on August 28th. The judge agreed with plaintiffs’ argument that “it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue.” Stay tuned.