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N.D. judge issues injunction on water rule

potholesA federal judge in North Dakota has issued a preliminary injunction against the EPA’s Clean Water Rule, temporarily blocking its implementation.

The rule, commonly known as Waters of the U.S., was scheduled to take effect Friday.

According to Bismark (ND) Tribune, U.S. District Judge Ralph Erickson said it appears the EPA and the Army Corps of Engineers overstepped their authority in promulgating the rule. He indicated the agencies also failed to comply with the Administrative Procedure Act.

Thirteen states, including the Brownfield states of Missouri, Nebraska and South Dakota, had requested the injunction in the North Dakota court.

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