Thirteen states filed suit in federal court in North Dakota against the “waters of the United States” rule that defines the upstream reach of the Clean Water Act, said Agri-Pulse. The attorney general for South Dakota, one of the states in the lawsuit, said the EPA overstepped its authority in issuing the rule and seized power reserved to the states. “The lawsuit seeks an order declaring the rule is unlawful and prohibiting the agencies [the EPA and the U.S. Army Corps of Engineers] from implementing it,” said Agri-Pulse. States joining the suit were Alaska, Arkansas, Arizona, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
The EPA issued the so-called WOTUS rule on May 27. While the agency says the rule clarifies federal jurisdiction, farm groups have spearheaded opposition to it.