Federal Court Grants Injunction Prohibiting Enforcement of Revised Definition of Waters of the United States

On April 12, 2023, a North Dakota federal court granted a motion for preliminary injunction prohibiting the enforcement of the Revised Definition of “Waters of the United States,” published on January 18, 2023, in twenty-four states including Indiana. Other states include Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.

The injunction halts the implementation and enforcement of the revised definition of Waters of the United States (WOTUS) by the Environmental Protection Agency and the Army Corps of Engineers in these states. This order is another example of the ongoing challenges associated with the definition of WOTUS under the Clean Water Act and the complicated environmental regulatory issues faced by industry and farmers. Further clarification may come from the United States Supreme Court in their decision in the Sackett v. EPA case expected before the end of the Supreme Court’s current term, or later this summer.

If you have questions regarding the injunction or other environmental regulatory matters, please contact Amy Berg, or any other member of Ice Miller’s Real Estate and Environmental Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.