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Attorney General Marty Jackley

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Attorney General Jackley Says U.S. Supreme Court WOTUS Ruling Protects South Dakotans From Undue Federal Burden

FOR IMMEDIATE RELEASE: Friday, May 26, 2023

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley praised Thursday’s U.S. Supreme Court decision that limits the federal Government’s authority regarding the Clean Water Act. South Dakota was part of the lawsuit, Sackett v. Environmental Protection Agency (EPA), that led to the court’s ruling.

“This is a good decision allowing states to determine how to manage their waterways,” said Attorney General Jackley. “This is a states’ rights issue.”

South Dakota was one of 24 states that filed the lawsuit against the Biden Administration’s “Water of the United States” rules. In their lawsuit, the states contend that the proposed 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 U.S. Army Corps of Engineers.

“This proposed rule would have created an undue burden on our farmers and developers to get permission from the EPA and the Corps on how use these water ways,” said Attorney General Jackley.

Other states involved in the lawsuit were 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.

“As Attorney General, WOTUS issues have always been a major priority and that is why we were part of this lawsuit,” said Attorney General Jackley. “This decision protects South Dakotans from an undue federal burden.”