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North Dakota Court Stops Enforcement of Waters of the United States Rules in Some States

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Liza C. Moore
Foster Swift Agricultural Law News
September 29, 2015

In a widely discussed decision, on August 27, 2015, shortly before the “Waters of the United States” (WOTUS) rule was to go into effect, a judge in the North Dakota District Court issued a temporary injunction stopping government enforcement of the rule. The temporary injunction only applies to the 13 states that had joined that particular litigation (Michigan is not one of those 13 states). Other cases regarding the WOTUS rule are pending nationwide; some cases have declined to enjoin the rule.