Judge: Water rule off only in 13 states

BISMARCK, N.D. -- A federal judge in North Dakota said Friday that his injunction blocking a new rule from President Barack Obama's administration aimed at regulating some small waterways applies only to the 13 states that sued to block it.

The ruling by U.S. District Judge Ralph Erickson clarified the temporary injunction he issued last week at the request of North Dakota and 12 other states, including Arkansas. They sought to stop the Environmental Protection Agency and the Army Corps of Engineers from regulating some small streams, tributaries and wetlands under the Clean Water Act.

"Because there are competing sovereign interests and competing judicial rulings, the court declines to extend the preliminary injunction at issue beyond the entities actually before it," wrote Erickson.

The EPA had maintained after Erickson's initial ruling that the injunction applied in only those 13 states, and said it had begun enforcing it elsewhere.

Justice Department spokesman Wyn Hornbuckle said, "We are gratified that the court agreed with our position that the preliminary injunction does not apply nationwide."

The water rule is a response to calls from the U.S. Supreme Court and Congress for the EPA to clarify which smaller waterways are protected.

Thirteen states led by North Dakota sued, claiming the new rule illegally expands federal jurisdiction.

The government countered that the rule will help protect the nation's waters from pollution and safeguard drinking water.

A Section on 09/05/2015

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