News

All eyes on North Dakota District Court WOTUS decision

A nationwide halt on the Biden administration’s Waters of the United States rule will be decided in a U.S. District Court in North Dakota.

A federal judge in Kentucky denied a WOTUS injunction request by the state and the Kentucky Chamber of Commerce, saying there is no standing for the request.

That follows a decision from a Texas federal judge last month to stop the updated WOTUS rule from going into effect in Idaho and Texas, but the judge denied a nationwide hold on the rule.

National ag groups that were denied the preliminary injunction in Texas have filed a separate request for a preliminary injunction in North Dakota. State attorneys general from 24 states have also filed for a preliminary injunction on the rule in the North Dakota District Court.

The U.S. Supreme Court still has not issued their ruling on Sackett vs. EPA, a case that could adjust the nationwide WOTUS definition.