North Dakota and 12 other states filed a request on Monday asking a federal judge to postpone a states federal water rule that turns jurisdiction of some state waters over to federal authorities. The motion, filed in Bismarck by North Dakota Attorney General Wayne Stenehjem, seeks a preliminary injunction that would halt the Clean Water Rule from being imposed on Aug. 28, Associated Press reports.
The Clean Water Rule by the Environmental Protection Agency (EPA) and the Army Corps Engineer is a "definitional rule" that specifies the scope of the "Waters of the United States" (WOTUS). The WOTUS definition aligns with that of the Clean Water Act, the Supreme Court and science, according to a federal register published online by the EPA.
Under the new rule, federal agencies - and not the states - will have authority to protect certain bodies of water under the Clean Water Act. The new law will help determine which waters are governed by the Clean Water Act.
"The rule is perhaps the most controversial and widely objectionable rule that would usurp state and local control over vast reaches of water in North Dakota and across the nation," Stenehjem said. He added that the rule is an "unlawful power grab by the federal government" that will not help improve the water quality in North Dakota.
The 12 other states that joined North Dakota in the move to delay the federal jurisdiction of state waters are: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, South Dakota and Wyoming.
The states claimed the Clean Water Rule will result in increased cost, longer processing time and more complicated process of obtaining federal permits for their infrastructure projects, according to Forum News Service.
Duane DeKrey, general manager of the Garrison Diversion Conservancy District, said the rule threatens the Red River Valley Supply Project, particularly because its pipeline runs throughout North Dakota's prairie pothole region, an area that falls under federal jurisdiction based on the WOTUS definiton, Dickinson Press reports.
DeKrey also said that the rule will cost the Red River Valley losses of up to $2 billion every year in drought conditions, adding that project delays incur over $20 million annually because of rising construction expenses.
Last month, North Dakota and 30 other states sent a letter to the EPA and Army Corps requesting that the implementation of the new law be put off for nine months to give way for a "thorough judicial review before imposing costly and disruptive burdens on the states."
However, the EPA has not given a reply.
