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North Dakota Judge Holding Hearing on Federal Water Rule

States argue that the rules from the EPA and the Army Corps of Engineers illegally expand those agencies' powers under the federal Clean Water Act

By Justin Franz

FARGO, N.D. — A federal judge has scheduled a hearing Friday in Fargo on an effort by 13 states to block a new rule that gives federal authorities jurisdiction over some state waters.

The states, led by North Dakota, argue that the rules from the EPA and the Army Corps of Engineers illegally expand those agencies’ powers under the federal Clean Water Act.

The law goes into effect next week. The states want the judge to order an injunction to suspend the new rules.

Many landowners are worried even a ditch or puddle could fall under the new federal regulations.

The other states joining the lawsuit with North Dakota are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, South Dakota and Wyoming.