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.
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.
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.