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Published: 28 August 2015 28 August 2015

Las Cruces, N.M. - U.S. Rep. Steve Pearce issued this statement following yesterday's federal court decision in North Dakota to grant a preliminary injunction that will temporarily block the Environmental Protection Agency's (EPA) so-called Waters of the United States rule (WOTUS):

"The EPA under this Administration continues to overstep its legal authority, creating job-killing regulations across the country," said Pearce. "I applaud the Court's decision to halt this egregious regulation until the Judicial Branch has had time to fully review the EPA's claimed authority for WOTUS. While only temporary, the court's action will provide farmers, ranchers, small business owners and local governments relief from a rule that threatens their livelihood. As we have seen with the Gold King mine spill earlier this month, the EPA cannot keep our interstate waters clean and in their natural state now. What makes them think they can manage the majority of the waters in the United States? Regulating local waters should continue to fall under state, county, and municipality jurisdiction. I urge the Senate to follow the House's approach to block this economically devastating and completely unnecessary rule once and for all."

U. S. District Judge Ralph Erickson in Fargo issued the injunction to block the EPA from exercising jurisdiction over certain streams, tributaries and wetlands under the Clean Water Act. Erickson noted "the risk of irreparable harm to the states is both imminent and likely" and called the Obama administration's interpretation of its jurisdiction "exceptionally expansive." The rule was scheduled to take effect nationally today.

States who requested the injunction: North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, South Dakota and Wyoming.

On May 12, along with a bipartisan majority of his colleagues, Congressman Pearce voted to approve the Regulatory Integrity Protection Act (H.R. 1732) that would block the WOTUS rule. A similar bill is pending in the Senate -- the Federal Water Quality Protection Act (S. 1140).