The Biden administration's version of the Waters of the U.S. rule went into effect Monday, but not for everyone.  Over the weekend, a Texas federal judge put the updated WOTUS on hold in Idaho as well as the Lone Star State.  The Court’s order Sunday granted a preliminary injunction halting the Biden WOTUS rules only for Idaho and Texas, who co-led a lawsuit.  The suits argued that EPA should wait for the upcoming Sackett v. EPA decision before implementing a new regulation.  The judge, a President Trump appointee agreed to put WOTUS on hold.


“I am proud of the work our office is doing," Attorney General Raúl Labrador noted in a press release earlier this week.  "We took criticism from the Governor’s administration and some pundits for our decision to join this suit, but based on Judge Brown’s injunction, it is clear I made the right move for Idaho.  My team and I formulated the best strategy to get the right result and the quickest relief.  I want to thank my team for their great arguments they have brought to this case and to our colleagues in Texas for taking the initiative on this endeavor.  Together we have won an initial victory to stop the Biden administration from subjecting Idaho to federal overreach.”


President Trump previously rolled the original WOTUS rule from the Obama administration and replaced it with the Navigable Waters Protection Rule.  However, the Trump rule was struck down in 2021 by a federal judge in Arizona.


“AFBF is pleased the District Court ordered EPA and the U.S. Army Corps to halt implementation of the troubled 2023 WOTUS Rule in Texas and Idaho," noted American Farm Bureau President Zippy Duvall.  "The judge recognized the new rule likely oversteps EPA’s authority under the Clean Water Act, which creates uncertainty for the farmers and ranchers who must navigate the complicated regulations.


“The District Court ruling also undermines the agencies’ rationale for pushing through this new rule before the Supreme Court rules in Sackett v. EPA.  These legal challenges send a clear message to EPA that it should rewrite WOTUS to limit its scope to navigable waters.  Farmers and ranchers share the goal of caring for the natural resources we’re entrusted with, but we need rules that don’t require a team of attorneys to interpret.”


Click Here to read the U.S. District Court for the Southern District of Texas ruling.


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