Attorneys general in two states say there’s more legal action to come on the current Waters of the United States rule following a preliminary injunction granted this week by a U.S. District Court in North Dakota.
Missouri’s Andrew Bailey says the action indicates the district court judge believes the lawsuit, focused on state rights, has merit.
“When the court is saying things, like the EPA is acting beyond its legal authority and the rule is plagued with uncertainty, that is significant to me because that’s the court saying they’re likely able to make their case here.”
But Bailey does not expect a final ruling from North Dakota until the U.S.