Attorney General Headshot
Attorney General Seal

Unites States Supreme Court Rules that Jurisdiction in WOTUS Rule Remains in Federal District Court

FOR IMMEDIATE RELEASE:  Monday, January 22, 2018
CONTACT:  Sara Rabern (605) 773-3215     
 
PIERRE, S.D. - Attorney General Marty Jackley commends the United States Supreme Court and their unanimous decision recognizing that federal district courts have jurisdiction to hear legal challenges to the “Waters of the U.S.” rule (WOTUS).

"Without action our State will be losing considerable decision-making control over our waters and land use. The new rule is creating uncertainty for our agriculture and business community that requires fairness and a degree of common sense in federal regulation,” said Jackley.

North Dakota and eleven other states, including South Dakota, filed a complaint in U.S. District Court of North Dakota and obtained the first preliminary injunction against the WOTUS rule in 2015.  Today’s Supreme Court decision holding that challenges to the WOTUS rule are properly brought in federal district court, rather than federal courts of appeal, preserves the States’ victory.

-30-