NH AG Formella applauds ruling gutting EPA definition of US waters

Mark Hayward, The New Hampshire Union Leader, Manchester
Updated ·2 min read

Apr. 12—New Hampshire Attorney General John Formella praised the ruling of a federal judge in North Dakota who on Wednesday blocked the Biden administration's definitions of "navigable waters" of the United States.

Formella, a Republican, said the Environmental Protection Agency's proposal would redefine such waters to include ponds, streams, ditches and potholes and other temporary water bodies, hurting farmers and private landowners.

"For me this is all about protecting the sovereignty of states and defending against federal overreach that imposes overly burdensome regulations on our citizens," Formella said in a statement.

In February, Formella and attorneys general from 23 other Republican-led states sued the EPA to challenge its rule defining Waters of the United States. New Hampshire was the only state in the Northeast to join the suit. Most states were in the South and the Plains.

The environmental organization Earthjustice said the judge's ruling would halt safeguards for wetlands, streams and interstate waters in the 24 states.

"This ruling readily bows to the forces in this country that have been trying for years to gut the Clean Water Act, throwing science under the bus and disregarding water safeguards for downstream communities and tribes," said Janette Brimmer, an attorney with Earthjustice, who defended the rule on behalf of four Native American tribes.

According to the National League of Cities, the Biden-era EPA rule represented a middle ground between an Obama administration rule that was too strict and a Trump rule that relied on states to protect important waterbodies.

The league praised the Biden rule for excluding ponds created by wastewater treatment systems.

In his ruling, U.S. District Court Judge Daniel Hovland said little harm will come with the preliminary injunction.

The status quo, which represents the situation before the Obama and Trump administrations issued their rules, remains in effect while a Supreme Court ruling, expected by June, will determine if the EPA has jurisdiction over wetlands.