The twelve western states, including South Dakota, that are challenging the Waters of the U.S. rule have filed a motion for a preliminary injunction, which will delay the rule from going into affect until a final court decision is made. South Dakota Attorney General, Marty Jackley says the injunction is needed to keep the WOTUS rule from being implemented on August 28. He says at the end of July, the 12 state Attorneys General had asked the agencies to delay the rule, but received no response.
Jackley says the state Attorneys General want a nine month implementation delay in order to give the court enough time to review the legal challenges to the rule.
Jackley says the dollar amount of damage that could occur from implementation of WOTUS would be significant and is tough to estimate.
The Environmental Protection Agency and U.S. Army Corps of Engineers are facing several lawsuits over their Waters of the U.S. rule, including from some agricultural groups and other attorneys general across the country.