Injunction Over Recent Clean Water Rule
2015 – The Year of Water Law – as part of our year-long series highlighting the importance of water and water law to San Diego, we present…
In May 2015, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a Clean Water Rule clarifying the definition of “waters” that were covered by the Clean Water Act. Last week, U.S. District Judge for North Dakota, Ralph Erickson, issued an injunction blocking this rule from going into effect August 28. He ruled that the EPA had exceeded its authority. The injunction was requested by North Dakota and 12 other states, mainly from the Western region of the United States.
Now, the parties are arguing over who is covered by the injunction. The 13 states in the suit are arguing that the injunction applies to all 50 states. The EPA and Army Corps of Engineers are arguing the injunction only applies to the states that sought the injunction. They will begin enforcing the new rules this Friday, September 4, in the other 37 states. California is one the states where the new rules will apply.
The Library held an MCLE covering the Clean Water Rule this July.