In This Issue:



Sign Up to Receive the Update Via Email

The Update Home Page

Previous Issues of The Update


Share this Article:

Judge Grants Injunction on Implementation of Clean Water Rule in 13 States

capitalMontana, North Dakota, South Dakota, and Wyoming are among 13 States where the U.S. Environmental Protection Agency's (USEPA) and U.S. Army Corps of Engineers' (USACE) Clean Water Rule - formerly known as the Waters of the U.S. Rule - did not go into effect on August 28, 2015. A Fargo, ND Federal District Court judge granted an injunction on the Rule's implementation. The injunction only applies to the 13 States involved in the lawsuit, which include Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Nebraska, Nevada, and New Mexico in addition to Montana, North Dakota, South Dakota and Wyoming.

The Clean Water Rule is now in effect throughout the rest of country. The USEPA and USACE issued its final Clean Water Rule in late May of 2015. It includes broad new definitions of the scope of “waters of the United States” that fall under the jurisdiction of the Clean Water Act. USEPA has repeatedly said the Clean Water Rule only applies to the types of waters that have historically been covered under the Clean Water Act, which does not include most ditches, groundwater, shallow subsurface flows, or tile drains.

If you have questions about how the Clean Water Rule could impact your facilities, planned projects, or existing programs, contact Jeff Hruby, AE2S Civil Practices Director, at Jeff.Hruby@ae2s.com or 701-221-0530.

If you have any questions concerning the content of this newsletter,
please contact Heather Syverson at 701-364-9111 or Heather.Syverson@ae2s.com.
Copyright © 2015 AE2S