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N.D. takes lead in lawsuit against EPA over Waters of the U.S. rule

BISMARCK - North Dakota and a dozen other states sued the U.S. Environmental Protection Agency and Army Corps of Engineers on Monday over new a clean water rule that critics have slammed as federal overreach that will burden landowners, farmers a...

BISMARCK – North Dakota and a dozen other states sued the U.S. Environmental Protection Agency and Army Corps of Engineers on Monday over new a clean water rule that critics have slammed as federal overreach that will burden landowners, farmers and local governments.

“We’re taking the lead,” North Dakota Attorney General Wayne Stenehjem said of the lawsuit filed in U.S. District Court in Bismarck. “We’re the most agricultural state in the country, so it just seemed like a logical place.”

The lawsuit asks the court to throw out the Waters of the United States rule and grant a permanent injunction to stop the EPA and Corps from enforcing the rule when it takes effect Aug. 28. The rule was published in the Federal Register on Monday.

“This federal power grab is unnecessary and unlawful and will do nothing to increase water quality in our state,” Stenehjem said.

Joining Stenehjem in filing the lawsuit were attorneys general from Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, South Dakota and Wyoming, and the New Mexico Environment Department and State Engineer.

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