In August 2015, U.S. district judge Ralph Erickson blocked the Obama administration’s Waters of the United States rule from taking effect, the first injunction against the clean water rule. Now the North Dakota judge would be elevated to the U.S. appellate court under a nomination announced by the White House.
The nomination was backed by both of North Dakota’s senators, Republican John Hoeven and Democrat Heidi Heitkamp, said the Bismarck Tribune. Erickson has been a federal judge since 2003. He was a lawyer from 1984-94, when he became a state district court judge. If confirmed by the Senate, Erickson would serve on the Eighth Circuit U.S. Court of Appeals in St Louis.
In his ruling on WOTUS, Erickson said the administration’s interpretation of its jurisdiction was “exceptionally expansive,” said The Hill newspaper. The regulation spelled out the upstream reach of clean water laws. Farm groups spearheaded opposition to the rule and President Trump has ordered its withdrawal.