Sierra Club Requests to Intervene in Clean Water Act Challenge
Sierra Club Requests to Intervene in Clean Water Act Challenge
The Sierra Club recently filed a motion to intervene in a court challenge regarding the new Waters of the United States rule (WOTUS).
In short, the rule seeks to redefine which waters receive federal protection under the Clean Water Act. The United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) argue that redefining the new WOTUS rule is necessary, claiming that one-third of Americans get their drinking water from sources connected to streams and wetlands that would be protected under this rule. However, U.S. District Chief Judge Ralph Erickson for the District of North Dakota ordered 13 states to halt enforcement of the rule earlier in the year given that the new rule would potentially sweep in new waters that were never meant to be regulated by the federal government under the Clean Water Act.
Unsurprisingly, the Sierra Club hopes to intervene in this court challenge on the side of the EPA and Corps. The group contends that its Minnesota members would be “harmed” if a narrow interpretation of which water sources are covered under the Clean Water Act’s jurisdiction were implemented.
Several challenges have been filed in various district courts by opponents of the rule but most courts are waiting for the 6th U.S. Circuit Court of Appeals to decide whether lower district courts have jurisdiction to hear the case. However, the North Dakota District Court will hear the case regardless of the appeals court’s ruling.