DES MOINES, Iowa (AP) — A federal judge on Wednesday temporarily blocked a federal rule in 24 states that would expand the Clean Water Act to include thousands of small streams, wetlands, and other waterways throughout the nation.
U.S. District Judge Daniel L. Hovland in Bismarck, North Dakota, halted the regulations from the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers pending the outcome of a lawsuit filed by the 24 states, most of which are led by Republicans. The regulations were finalized in December 2022, repealing a rule implemented during President Donald Trump's administration but thrown out by the courts.
Opponents of the regulations, which define which “waters of the United States” are protected by the Clean Water Act, have called the rules an example of federal overreach that extend beyond the intent of Congress and argued they would unfairly burden farmers and ranchers.
The preliminary injunction affects Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. An injunction was previously issued that halted the rules in Texas and Idaho.
In his 45-page order, Hovland wrote that the federal regulation “raises a litany of ... statutory and constitutional concerns and would cause great harm to the states."
Brent Martin contributed to this article.