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Injunction Against Federal Water Rule May Expand

U.S. Environmental Protection Agency

A federal judge in North Dakota is allowing arguments over the scope of his injunction blocking a new rule that would give the federal government jurisdiction over some smaller waterways.

U.S. District Judge Ralph Erickson in Fargo last week issued a temporary injunction requested by North Dakota and 12 other states, including New Mexico, 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 said the injunction applied only to the 13 states that sued. But North Dakota Attorney General Wayne Stenehjem, who filed the injunction request, says his reading of the ruling was that it applied to all 50 states.

The judge gave attorneys until Tuesday afternoon to file briefs on the issue.

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