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MO attorney general: no news on WOTUS litigation

State attorneys general are waiting to hear back from a U.S. District Court in North Dakota on the status of a preliminary injunction for the Waters of the United States rule.

The Biden administration’s updated WOTUS rule is in effect for 48 states.

Missouri State Attorney General Andrew Bailey tells Brownfield he’s confident the court will grant the injunction.

“It makes too much sense, because the Sackett case from Idaho is pending at the U.S. Supreme Court so why would we rush to create a new rule when we still haven’t heard their decision?”

In mid-February, 24 state attorneys general, including Missouri, Arkansas, Kansas, Nebraska, Ohio and South Dakota, filed the lawsuit saying the Biden administration’s WOTUS rule goes beyond the power Congress delegated for the Clean Water Act.

A separate request for a country-wide preliminary injunction from 5 national agriculture groups was denied in March.

The Supreme Court has not issued their ruling on Sackett vs. EPA, a case that could make adjustments to the WOTUS rule.

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