Stenehjem stated the “Waters of the U.S.” rule by the U.S. Environmental Safety Company and the Military Corps of Engineers is “pointless” and “illegal”.
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North Dakota’s attorney general and the Legislature’s Administrative Rules Committee still must approve the implementation of the new regulations.
In a statement from the attorney general, Stenehjem says the rule has serious legal failings.
The rule will require additional federal permits and studies, in part because the project’s pipeline runs through North Dakota’s prairie pothole region, and those small bodies of water would be under federal jurisdiction until proven otherwise, he wrote. The EPA says the new law aims to help landowners understand which waters fall under the Clean Water Act.
Stenehjem said he was hopeful a judge will grant a hearing on the injunction within the next few days.
The states claimed the Clean Water Rule will result in increased cost, longer processing time and more complicated process of obtaining federal permits for their infrastructure projects, according to Forum News Service.
Some landowners are anxious that even a ditch or puddle could fall under federal regulations.
The 12 other states that joined North Dakota in the move to delay the federal jurisdiction of state waters are: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, South Dakota and Wyoming.
Stenehjem said his injunction request asks that the lawsuits not be consolidated.
The states also are asking the court to deny the federal agencies’ request to stay the lawsuit while a judicial panel considers consolidating it with other lawsuits across the country challenging the rule.
Robert Daguillard, an EPA spokesman, said Monday that the agency is still “carefully reviewing” the letter.
The EPA and the Army Corp have asked that the lawsuits be consolidated in a single district court.
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“We expect we have now particular arguments”, he stated. If you would like to discuss another topic, look for a relevant article.
