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13 states temporarily shielded from waters rule

By |  August 28, 2015

A federal district court judge granted a preliminary injunction that blocked the Waters of the U.S. (WOTUS) rule from taking effect on Aug. 28 for 13 states, reports the National Stone, Sand & Gravel Association (NSSGA).

The U.S. Environmental Protection Agency (EPA) says it will honor the injunction in the 13 states listed on a lawsuit, which includes Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming. For all other states, the rule is effective Aug. 28.

According to NSSGA, a total of 30 states have sued the EPA over implementation of this regulation. Two other district courts considered preliminary injunctions earlier this week. However, the appropriate jurisdiction for these cases was the appellate courts – and they did not rule, according to NSSGA.

“This preliminary injunction absolutely supports what NSSGA, other industries and the majority of the states have been saying all along that this rule is not based on sound science and is an unprecedented expansion of the EPA’s jurisdiction,” says Pam Whitted, NSSGA’s senior vice president of legislative and regulatory affairs. “WOTUS will have a huge and immediate effect on industries across the country. NSSGA also is legally challenging the rule, and we hope that eventually the courts will find in favor of the position of the states and businesses that ultimately will bear the effects of the rule.”

Allison Kral

About the Author:

Allison Kral is the former senior digital media manager for North Coast Media (NCM). She completed her undergraduate degree at Ohio University where she received a Bachelor of Science in magazine journalism from the E.W. Scripps School of Journalism. She works across a number of digital platforms, which include creating e-newsletters, writing articles and posting across social media sites. She also creates content for NCM's Portable Plants magazine, GPS World magazine and Geospatial Solutions. Her understanding of the ever-changing digital media world allows her to quickly grasp what a target audience desires and create content that is appealing and relevant for any client across any platform.

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