After the U.S. District Court for the District of North Dakota’s April 12 ruling, the majority of the United States can no longer implement or enforce the Biden administration’s definition of waters of the United States (WOTUS). This comes as a major blow to the administration that has repeatedly touted the so-called “durability” of its 2023 WOTUS definition.
The North Dakota decision enjoining rule in 24 states follows a Texas District Court decision enjoining the rule in Texas and Idaho. This means that the majority of states must now implement the pre-2015 framework to determine if waters are federally regulated.
The pre-2015 framework also remains in the crosshairs as the U.S. Supreme Court prepares its decision in the Sackett case.