Feb 20, 2023

State Attorneys General file lawsuit over WOTUS

Posted Feb 20, 2023 3:37 PM

Montana Attorney General Austin Knudsen and attorneys general from 23 other states filed a lawsuit against the Biden administration’s Waters of the U.S. Rule.

The group says the EPA’s WOTUS rule “goes beyond the power Congress delegated in the Clean Water Act, raises serious constitutional concerns, and runs roughshod over the Administrative Procedures Act.”

Knudsen says, “The administration’s water rule limits the use of land and violates the law and U.S. Constitution.

The EPA greatly overstepped its authority by trying to claim jurisdiction over land and water not connected to any navigable water.” The attorneys general say they’re fighting to protect farm and ranching operations, mining and energy workers, and infrastructure and housing projects across Montana and the entire country that will be harmed if this overreaching and unconstitutional rule takes effect.

Montana and the other states will motion for a preliminary injunction to stop the rule while it’s under litigation.