Despite conflicting court rulings last week on injunctions to stop the Waters of the U.S. Rule, at least one legal expert believes EPA will not be able to enforce the rule in any state. An injunction was denied in two district courts, but granted by a North Dakota District Court Judge temporarily stopping the rule in 13 states including South Dakota. An American Farm Bureau Legal Counsel says EPA cannot enforce their rule in any state until the legal questions are resolved in court. If that’s true, NCBA President Philip Ellis says it would be helpful.

The North Dakota District Court Judge found the risk of harm to the States from WOTUS is great. Ellis says that’s a big concern they have with the rule.

Ellis hopes the North Dakota ruling will set enough of a precedent that it’ll influence the decision once it gets to the Appeals Courts.

Prior to the court decisions the Waters of the U.S. rule was set to go into effect Friday August 28.