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Attorney General Jason R. Ravnsborg

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A. G. Jackley Joins 30 States to Request Delay of the Waters of the United States Rule (WOTUS)


FOR IMMEDIATE RELEASE:  Thursday, July 30, 2015
CONTACT:  Sara Rabern  (605) 773-3215 

Attorney General Jackley Joins 30 States to Request Delay
of the Waters of the United States Rule (WOTUS)

PIERRE – Attorney General Marty Jackley joined with 30 other states in requesting that the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers delay the effective date of the new rule defining “Waters of the United States” under the Clean Water Act.  The rule is currently set to go into effect on August 28, 2015.  The states request the rule not be implemented for a period of at least nine months in order to give the courts time to review the legal challenges to the rule. 

Across the country, this new rule is being challenged in at least ten separate complaints filed by 72 plaintiffs in eight federal district courts.

"I am concerned that the EPA is overstepping its Congressional authority and that our State will be losing considerable decision making control over our waters and land use," Jackley said.  "The EPA is creating uncertainty for our agriculture and business community that needs to have fairness and a degree of common sense in federal regulation."

South Dakota joined 11 other states in filing a lawsuit in federal district court in North Dakota asking the court to vacate the new rule and bar the EPA and the Corps from enforcing the new definition.  The states contend the new definition of “Waters of the United States” (WOTUS) violates provisions of the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the United States Constitution.

To view the WOTUS Delay Letter please click on the link.