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June 27, 2017

Media Contact: Liz Brocker (701) 328-2213

BISMARCK, ND - Attorney General Wayne Stenehjem applauds the EPA today, which took a step toward withdrawing the unlawful Waters of the United States (WOTUS) rule. 

EPA Administrator Scott Pruitt announced that he will withdraw the Obama-era regulation that asserts federal authority over nearly all waters in North Dakota, including isolated streams, hundred-year floodplains, and prairie potholes. 

Attorney General Stenehjem and several of his colleagues have been embroiled in litigation since the WOTUS rule was released two years ago. Stenehjem obtained an injunction preventing the rule from taking effect in North Dakota.

The proposed withdrawal of the WOTUS rule will be published in the Federal Register and the EPA will receive comments, after which point the withdrawal could be finalized.  It is expected that the EPA, with input from the States, will then propose a new regulation to more clearly define its limited jurisdiction under the Clean Water Act.

“While there is still a lot of work to be done to resolve this issue, this is an important step forward in the process of restoring the States’ control over their own waters,” Stenehjem said.    

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