TOPEKA – (August 28, 2015) – Kansas Attorney General Derek Schmidt issued the following statement on the temporary injunction issued yesterday by a federal judge in North Dakota, blocking for now implementation of the new ‘Waters of the U.S.’ regulation:
“I applaud yesterday’s decision by a federal district judge in North Dakota blocking the EPA’s new ‘Waters of the U.S.’ regulation. The judge concluded that states are likely to prevail in our legal challenges to this ill-considered new regulation that exceeds the power Congress granted to EPA. While the North Dakota judge entered an injunction blocking the new regulation, another judge in Georgia yesterday concluded she lacked jurisdiction and would defer to an appeals court in Cincinnati. Kansas is part of the Georgia case, and we will continue to work closely with our sister states in the North Dakota case and across the country in objecting to this regulation, which we think is illegal.
“Whether in North Dakota, Georgia or Ohio, we will continue to fight this federal power grab that threatens many Kansans’ property rights and economic livelihood. EPA'S view that the federal injunction in North Dakota applies in only part of the country is peculiar at best, and today we have worked with other states in asking the judge to make clear to EPA the meaning of his order.”
Schmidt and other attorneys general also have asked EPA and the Army Corps of Engineers to avoid further litigation by withdrawing the proposed rule, or at least delaying it while the courts sort out its legality. To date, they have received no response to the requests.