Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

Attorney General Jackley Praises Preliminary Injunction on Biden Administration WOTUS Rule

FOR IMMEDIATE RELEASE: Wednesday, April 12, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that a federal judge has issued a preliminary injunction halting the Biden administration from implementing a new definition of the “Waters of the United States (WOTUS)” rule in South Dakota and other states.

South Dakota was one of 24 states that filed a lawsuit against the proposed rule in North Dakota Federal Court. The States contend that the rule 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.

“This proposal would require farmers, ranches, developers and other property owners to get permission from the EPA and the Corps to use these water ways,” said Attorney General Jackley. “This would place an undue burden on South Dakotans to comply with such unreasonable restrictions.”

Since South Dakota is part of the lawsuit, the injunction now is in place throughout the state. “Today’s ruling is a tremendous win for our farmers and ranchers and for the premise that the States are better positioned than a distant Washington to protect the environment within our own State,” said Attorney General Jackley.

Other states involved in this injunction 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. Idaho and Texas were previously granted an injunction in March.