MONTGOMERY, Ala. — U.S. District Judge Ralph Erickson of North Dakota issued a temporary injunction against the controversial “Waters of the United States” rule Thursday which would have given the Environmental Protection Agency (EPA) unprecedented authority over irrigation, puddles, and ditches.
“It appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the rule,” Judge Erickson wrote in his 18-page order.
“The risk of irreparable harm to the states is both imminent and likely,” he continued.
Alabama, lead by Attorney General Luther Strange, joined a suit against the rule in July. The new rule seeks to extend the EPA and Army Corps of Engineers’ regulatory reach to an indefinite number of small bodies of water, including roadside ditches, temporary streams or “any waters located within the 100-year floodplain of a traditional navigable water.”
Had Judge Erickson not acted Thursday the rule would have gone into effect Friday, August 28th.
Opponents of the rule say it is a drastic overreach of the EPA’s authority and could even cause Alabama farmers to stop working their land for fear of backlash from the agency.
“Obama’s EPA is dealt a blow as a federal judge partially blocks implementation of Waters of the U.S. rule,” said Attorney General Strange. “A positive first step in the longer court battle to kill this illegal power grab against private property owners.”
Every Republican Congressional member from Alabama voted in favor of blocking the new rule in May. The state’s lone Democratic representative, Terri Sewell (D-AL7) did not vote. The Senate elected not to hold a vote on the measure.
After the May vote attempting to block the rule, Congresswoman Martha Roby (R-AL2) said “I’ve heard from countless farmers, foresters and families in Alabama who are under threat of being aggressively and unnecessarily penalized by federal water regulators. Trying to expand the definition of navigable waters to include puddles and ditches has never made sense. It reeks of a radical environmental agenda being forced on Americans, and Congress is right to take steps to stop it.”
“While the EPA claimed to listen to the extensive public outcry over this proposal by making cosmetic changes, the rule is still well beyond EPA’s rightful authority.” Rep. Gary Palmer (R-AL6) said after the same vote.”I have voted to roll back this rule by supporting H.R.1732, the Regulatory Integrity Protection Act, which would block its implementation, and I hope further action will be taken to stop this rule from being implemented.”
“Returning to Constitutional Governance is one of my highest priorities,” Palmer continued. “The EPA is an organization that makes a habit out of claiming authority beyond that which it has under the Constitution and the laws established by Congress. This rule is an example of that fact.”
Earlier this summer the Supreme Court sided with states, including Alabama, in stalling another onerous rule that would have cost manufacturers billions in compliance.
The Court ruled that the Obama administration should have considered the cost of compliance when it decided to limit emissions of mercury and other hazardous air pollutants mainly from coal-fired power plants.
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— Elizabeth BeShears (@LizEBeesh) January 21, 2015
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