The Environmental Protection Agency (EPA) has recently made adjustments to the Waters of the U.S. (WOTUS) rule. This move comes as a response to the Supreme Court's ruling in the case, Sackett v. EPA.
The significant nexus standard was notably removed from the updated rule. There were slight modifications to the term “adjacent,” and “interstate wetlands” are no longer a part of it. These changes haven’t pleased everyone. Agriculture Commissioner Doug Goehring voiced concerns, stating that while some issues were addressed, the EPA's new rule remains problematic and seems like an overstep in authority.
Legal action against the EPA’s rule is gaining momentum. North Dakota, alongside a coalition of 23 other states, is actively pursuing a lawsuit against the EPA, spearheaded by the attorney general. Their aim is to invalidate what they perceive as an unfeasible rule.
This legal challenge and the related opposition are significant enough that the amended WOTUS rule is currently halted in states like Texas, Idaho, and Kentucky. As a result, a total of 27 states, including North Dakota, are now operating under the original 1986 WOTUS rule. For the time being, only the remaining 23 states will be adopting the newly amended rule.
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Categories: North Dakota, Government & Policy