South Dakota joins 23 states in launching WOTUS lawsuit
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South Dakota and 23 other states are collectively rebuking apparent federal overreach through a lawsuit lodged against the Biden Administration's "Waters of the United States" rules.
South Dakota Attorney General Marty Jackley announced the lawsuit on Thursday, which lists the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers as defendants.
The WOTUS rule was made on Dec. 29 and defines what constitutes a waterbody in the U.S. The current interpretation aligns with rules made during the Obama Administration.
"This is a federal government attempt to exceed its authority granted by Congress as provided in the Clean Water Act,” Jackley said in a release. “This rule will drastically impact how South Dakota manages its waterways.”
The 2023 rule serves as a reversal of the "Navigable Waters Protection Rule," the previous ruleset made during former President Donald Trump's time in office, which narrowed the definition of U.S. waters.
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According to Jackley, the expanded definition, which would include ponds, certain streams, ditches and other waterbodies, would place an undue burden on South Dakota farmers and make them vulnerable to civil and criminal penalties "for even the slightest misuse."
Argus Leader reached out to the EPA for comment, but the agency declined.
The other states involved in the lawsuit are Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
This article originally appeared on Sioux Falls Argus Leader: South Dakota attorney general announces WOTUS rule lawsuit
