On August 27, 2015, the U.S. District Court for District of North Dakota granted a preliminary injunction prohibiting the implementation of the U.S. EPA-Army Corps joint rule defining Waters of the United States in 13 states.  The Court held that the rule, which went into effect today, “would encompass virtually all EPA actions under the Clean Water Act, something precisely contrary to Section 1369(b)(1)(F)’s grant of jurisdiction.” The Court issued its decision despite the EPA and Army Corps’ argument that exclusive jurisdiction to hear the case lies with the Sixth Circuit Court of Appeals, where several similar cases are currently pending review.

The 13 states covered under the Court’s injunction are:  Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.