SD, 12 other states seek to block new US law on waterways

Thirteen states led by North Dakota, and including South Dakota, are asking a federal judge in Bismarck to block a new rule that attorneys general say gives federal authorities too much control over waterways, especially on farms and ranches. North Dakota Attorney General Wayne Stenehjem says a motion seeking a preliminary injunction will be filed Monday. The states filed a lawsuit in June challenging the rule by the U.S. Environmental Protection Agency and the Army Corps of Engineers. The states say the new rule illegally expands the jurisdiction of those agencies under the federal Clean Water Act. South Dakota Attorney General Marty Jackley has said the new law would make intolerable demands on farmers, ranchers and other businesses in regulating small streams and ponds. South Dakota Farmers Union officials also have voiced concerns about the new regulations, saying they don't recognize special problems for the Prairie Pothole region that includes much of eastern South Dakota. The law(sic)goes into effect Aug. 28. The injunction seeks to suspend the new rules until a court can decide the case. The other states joining the lawsuit with North Dakota and South Dakota are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada and Wyoming. The states sued June 29 challenging the Obama administration rule that gives federal agencies authority to protect some streams, tributaries and wetlands under the Clean Water Act. Stenehjem said the "Waters of the U.S." rule is "unnecessary" and "unlawful." He said it does nothing to increase water quality in North Dakota and other states...more