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North Dakota judge blocks controversial water rule | National

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www.thecentersquare.com – By Kim Jarrett | – 2023-04-12 16:26:00

(The Center Square) – North Dakota U.S. District Court Judge Daniel Hovland issued a preliminary injunction Wednesday that blocked the implementation of the Biden administration's clean rule, also known as WOTUS. 

The Environmental Protection Agency and the Army Corps of Engineers published the rule on Jan. 18 that brings the country's wetlands, streams and other waterways under federal jurisdiction. The rule was implemented during the Obama administration and repealed under the Trump administration. 

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Twenty-three states and several organizations joined North Dakota in the filed on Feb. 21.

Hovland said in his order that the EPA exceeded its statutory authority and could be unconstitutional. 

“The first category under the new Rule are traditional navigable waters, territorial seas, and interstate waters,” Hovland said. “The EPA has now taken the position that ‘interstate waters' includes all such waters—even those that are not ‘connected to navigable waters' in any manner. There are serious questions whether this is a permissible construction of the Clean Water Act as the Rule essentially reads non-navigability out of the Act. And does the Clean Water Act making every wetland, stream, tributary or other water traversing a border subject to federal jurisdiction?”

Hovland said claims by North Dakota and Virginia that the rule would cause their agencies harm outweighed the harm the injunction could do.

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“An injunction at this early stage can avoid the massive waste of resources and delayed projects in pursuit of permits that may soon be legally irrelevant,” Hovland said. “By contrast, the EPA will not suffer any real harm that would justify a denial of injunctive relief. And any potential harm the federal agencies may suffer from compliance with an injunction is not enough to tip the scales at this stage. In fact, it is difficult to see what those potential harms may be.”

The EPA said in an email to The Center Square that the agencies are reviewing the decision and their options.

“The agencies continue to believe the rule, which is informed by the text of the relevant provisions of the Clean Water Act and the statute as a whole, as well as the scientific record, relevant Supreme Court case , input from public comment, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining waters of the United States, is the best interpretation of the Clean Water Act,” the agency said. “In light of the preliminary injunctions, the agencies are interpreting ‘waters of the United States”‘ consistent with the pre-2015 regulatory regime in 26 States until further notice. The agencies remain committed to establishing and implementing a durable definition of “waters of the United States” informed by diverse perspectives.”

Gov. Doug Burgum said the rule would have created confusion and driven up costs for consumers. 

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“North Dakota has some of the cleanest and water in the nation because we responsibly develop our natural resources and properly exercise our 's authority to protect our own waters from pollution,” Burgum said.

Oklahoma Attorney General Gentner Drummond also praised the ruling. 

“The Biden administration routinely infringes on the 10th Amendment rights of Oklahoma and other states, but the Court put that overreach on hold,” Drummond said in a statement. 

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The Center Square

Attorneys general say EPA water rule is costly and unlawful | Arkansas

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www.thecentersquare.com – By Kim Jarrett | The Center Square – 2024-03-27 12:00:00

(The Center Square) – A proposed Environmental Protection Agency rule that would monitor indirect wastewater discharges from slaughterhouses is unlawful and would be costly to businesses, 27 attorneys general said in a letter to the agencies.

The EPA monitors wastewater discharge from 171 of the 5,055 meat and poultry product facilities in the United States, according to the letter led by Kansas Kris Kobach and Arkansas Attorney General Tim Griffin. The new rule would affect nearly 3,800 producers, some -owned farms in Arkansas, according to Griffin.

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Poultry generates the most cash receipts of any other agricultural product in Arkansas, according to information from the Arkansas Farm . One in four agrarian are in poultry production, according to the Farm Bureau.

“The EPA's proposed rule would add additional regulations on processing plants with indirect wastewater discharges—discharges that are already treated by a municipal or other wastewater treatment facility, which are themselves subject to EPA regulations,” the attorneys general said in the letter. “That's an extra layer of regulation that doesn't accomplish anything. And the EPA lacks the legal authority to impose such regulations.”

The rule is part of a settlement of a North Carolina lawsuit filed against the EPA by several environmental groups of the discharge of per- and poly-fluoroalkyl substances, also known as PFAS, into the .

“Under the consent decree, EPA has obligations to sign a notice of proposed rulemaking by December 13, 2023 and to sign a taking final action on the proposal by August 31, 2025,” the agency said in its filing.

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Some judges have questioned using a settlement as the basis of rulemaking, according to the attorneys general.

“Finally, it appears that EPA is relying primarily on data put together by the groups that were suing them to up with this rule,” the letter said. “This practice not only puts forward poor policy but also harms the integrity of our judicial system. This administration must stop abusing the legal system in order to achieve results it otherwise cannot get.”

The EPA said in its filing the rule would “improve water quality and protect human and the by reducing the discharge of nutrients and other pollutants to the nation's surface waters.” The agency met with the National Cattlemen's Beef Association, National Pork Producers Council, North American Meat Institute, the North American Renderers Association and the U.S. Poultry & Egg Association, the agency said.

“The preferred option is estimated to cost $232 million annually and reduce pollutant discharges by approximately 100 million pounds per year,” EPA said.

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16 states, led by Gulf states, sue Biden administration over LNG export ban | National

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www.thecentersquare.com – By Bethany Blankley | contributor – 2024-03-22 06:39:00

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The Center Square

Attorneys general coalition ask Ninth Circuit to intervene in Mayorkas asylum case | National

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www.thecentersquare.com – By Bethany Blankley | contributor – 2024-03-20 11:27:00

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