Attorneys file arguments over scope of water rule injunction

AP News
Posted: Sep 01, 2015 6:24 PM

BISMARCK, N.D. (AP) — Attorneys who have been arguing over state and federal powers have filed their written positions over whether a judge's decision to block a new Obama administration water rule applies nationwide.

U.S. District Judge Ralph Erickson last week issued a temporary injunction requested by North Dakota and 12 other states to stop the U.S. Environmental Protection Agency and the Army Corps of Engineers from regulating some small waterways under the Clean Water Act.

The EPA says in court documents filed Tuesday that the injunction applies only to the specific complaints alleged by the 13 states. Lawyers for the state say the judge's order contained no geographical limitation and its scope should "not now be restricted."

The Electoral College Debate
Walter E. Williams

The states had argued that the regulation is an overreach by the federal government.