Update: AG Schimel challenges EPA’s decision to partially enforce enjoined Waters of U.S. Rule

Brad Schimel has declared that his office will challenge the EPA’s decision to move forward enforcing the enjoined Waters of the U.S. rule in 37 states.  On Thursday, August 27, the U.S. District Court for the District of North Dakota enjoined the Rule from taking effect. The District courts for the Southern District of Georgia and the West Virginia declined to enjoin the Rule.

Brad Schimel stated “[t]here is well-established precedent that the federal court’s order yesterday enjoined the rule applies to all 50 states, not just the 13 states involved in that case.  We expect Wisconsin and the other states challenging the rule to seek clarification that the injunction issued by the district court in North Dakota applies nationwide.”