BISMARCK – Agriculture Commissioner Doug Goehring applauded the Environmental Protection Agency’s announcement today that it has finalized a repeal of the 2015 Waters of the United States (WOTUS) rule. A WOTUS rewrite has been underway since December of 2018 and the proposed rule is expected to be finalized later this year.
“Unlike the 2015 rule, the currently proposed rule was crafted with better input from stakeholders,” Goehring said. “We welcome the clarity and certainty a final rule will provide for states and landowners.”
In June 2015, North Dakota filed suit in U.S. District Court along with a dozen other states to block the rule from taking effect and was granted an injunction in late August of that year. Other states also filed for injunctions, with the result being a patchwork of different states following different definitions of WOTUS. Today’s announcement rolls back the definition of WOTUS to 2008 guidance for all states until the proposed rule is finalized.