Thursday the District Court of North Dakota issued a preliminary injunction in the Waters of the U.S or (WOTUS) case. South Dakota Attorney General Marty Jackley joined 12 other states challenging the EPA and the U.S. Army Corps of Engineers on the rule. He says the Federal District Court has decided the agencies are overstepping their authority in trying to enforce a Rule that infringes upon State rights and are violating provisions of the Clean Water Act. The Court also found the risk of harm to the States is great.

WOTUS was schedule to take effect on Friday. However, he says the States requested the Rule not be implemented for a period of at least nine months to allow the courts time to review the legal challenges to the Rule.

Jackley says while the injunction will stop implementation in the 13 states named in the case, courts in both West Virginia and Georgia denied preliminary injunctions.

He’s also hopeful the injunction will give Congress time to stop the Waters of the U.S. rule legislatively.