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Attorney General Marty Jackley

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Attorney General Jackley Announces Lawsuit on Biden Administration WOTUS Rule

FOR IMMEDIATE RELEASE: Thursday, Feb. 16, 2023

CONTACT: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley says South Dakota has joined 23 other states in filing a lawsuit against the Biden Administration’s “Waters of the United States” rules.

“This is a federal government attempt to exceed its authority granted by Congress as provided in the Clean Water Act,” said Attorney General Jackley. “This rule will drastically impact how South Dakota manages its waterways.”

The states’ lawsuit is filed against the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. The states contend that the rule, signed by President Biden on his first day in office in 2021, would redefine “navigable waters” to include ponds, certain streams, ditches, and other bodies of water that would be placed under the Clean Water Act as defined by the EPA and the Corps of Engineers.

“As it states in the lawsuit, this rule would require farmers, developers and other property owners to get permission from the EPA and the Army Corps of Engineers to use these water ways in most ways,” said Attorney General Jackley. “That places an undue burden on South Dakotans who would face federal government punishment for even the slightest misuse.”

Other states involved in the lawsuit are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

“We appreciate the involvement of other states on this issue, and we hope for a positive consideration from the courts,” said Attorney General Jackley.