Dan Gilmore / August 28, 2015

EPA Checked in Its Takeover of America’s Waterways

This hasn’t been a good time for the EPA.

The EPA was hours away from implementing an expansive interpretation of the Clean Water Act when a judge in North Dakota issued an injunction blocking the power grab. In response to a suit brought by 13 states, Judge Ralph Erickson halted Thursday the EPA’s rule that would have, according to Rep. Richard Hanna (R-NY), placed the agency in control of every ditch, man-made pond and flood plain in the nation. Erickson wrote, “Once the rule takes effect, the states will lose their sovereignty over intrastate waters that will then be subject to the scope of the Clean Water Act.” The EPA isn’t accepting the judge’s orders. It said in a statement that it will only comply with the injunction in the 13 states that were part of the suit. However, there are nine other suits brought against the EPA and the U.S. Army Corps of Engineers in regards to the water rule. In total, 29 states are questioning the EPA’s authority in the matter. In addition to having a river in Colorado to clean up, the courts have been checking the EPA’s abuse of power — such as the Supreme Court’s June ruling about the EPA’s emission guidelines for coal plants. This hasn’t been a good stretch for the EPA.

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