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April 19, 2023
On April 12, a federal judge in the U.S. District Court for the District of North Dakota issued a ruling blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States. The ruling was the result of a lawsuit brought by 24 state attorneys general and rejected a request to block enforcement nationwide.
The April 12 preliminary injunction applies to Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming. Enforcement in Texas and Idaho was blocked under a previous ruling in a separate lawsuit.
The final rule, which defines the scope of waters subject to Clean Water Act regulation, repealed the Trump administration’s Navigable Waters Protection Rule, which ABC supported, and codified a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. ABC joined a coalition opposing the rule, submitting comments outlining how it fails to provide unambiguous water quality protections that provide clarity for contractors seeking to safeguard the environment and comply with federal regulations.
ABC has also supported H.J. Res 27, a Congressional Review Act resolution that would have overturned the final rule, which passed the U.S. House of Representatives and U.S. Senate with bipartisan support before being vetoed by President Joe Biden on April 6.
On April 18, the House held a vote on overriding the veto. ABC issued an action alert asking members to urge their member of Congress to vote in support. The veto override again received bipartisan support in a 227-196 vote but failed to meet the two-thirds threshold needed to pass.
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