WOTUS: Court blocks EPA water rule

By |2015-08-28T00:34:36+00:00August 28th, 2015|News|3 Comments

At the eleventh hour a federal court ordered an injunction blocking EPA’s water rule.

EPA was defiant.

EPA bureaucrats declared that they will only halt the rule in the 13 states that requested the injunction.

That means relief will only extend to Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.

For now.

When Judge Ralph Erickson of the North Dakota District Court granted the injunction, he did so in the expectation that the state’s argument has a substantial chance of prevailing at trial.

If they win, they might win for all of us.

A promotional graphic the American Farm Bureau put out to stress their “Ditch the Rule” campaign. (Photo: Farm Bureau)

A promotional graphic the American Farm Bureau put out to stress their
“Ditch the Rule” campaign. (Photo: Farm Bureau)

They certainly deserve to.

Congress intended the federal government to have authority over “navigable” waters. EPA’s rule would enable it to grab control over virtually any water through a scheme that makes a mockery of congressional intent. Any water with a “nexus,” that might conceivably flow into navigable water, will be EPA’s to rule.

Under our Constitution, Congress makes the law.  When federal bureaucrats forget that, it is up the courts to restrain them.

Thanks to Judge Erickson for this wise decision.

Let’s hope this victory goes all the way.


  1. shakey August 28, 2015 at 9:02 PM

    Thank you, Judge Erickson. There are pockets of sanity left in this country. Not many, but…

    • SemiMike December 28, 2016 at 8:44 PM

      States need to enforce clean water regulations.
      Water tables cover multiple states.
      So regional clean water regulations are important.
      Can we trust the states to do that?
      Not if they are dominated by mining and oil/gas industry water-polluters.
      Arsenic, mercury from mining leaks? Found at high levels all over the West.

      Some cities are worse as they refuse to treat water to prevent lead pipe corrosion. Luckily, leaded gasoline was banned finally in US and much later in Mexico City where evidence was found of IQ loss in children during that peak period of leaded gasoline air pollution and water pollution.

      Should we ban OTHER sources of lead and arsenic and mercury?
      Should states clean up after bankrupted mines (normal way for mining to avoid responsibility for pollution of water tables LONG TERM.

      Think. Why is this web site promoting loosey goosey regulations?
      Who sponsors them?

      • shakey December 29, 2016 at 11:46 AM

        What does the “Semi” stand for? Semi-retarded?

Comments are closed.