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North Dakota v. U.S. Environmental Protection Agency

ELR Citation: 45 ELR 20163
Nos. 3:15-cv-59, (D.N.D., 09/04/2015) (Erickson, J.)

A district court held that its preliminary injunction enjoining EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule only extends to the 13 plaintiff states that challenged it. The court found significant prudential reasons to limit the scope of the preliminary injunction to the entities actually before it: other courts have reached different conclusions on the rule; non-plaintiff states may want the rule to be implemented; and the record is not sufficiently complete to justify a broader application. Given these competing sovereign interests and competing judicial rulings, the court declined to extend the injunction nationwide.