TN AG Skrmetti Secures Injunction against EPA Attempt to Redefine the “Waters of the United States”

Nashville- Tennessee Attorney General Jonathan Skrmetti announced today that a federal judge granted an injunction against an Environmental Protection Agency (EPA) rule that would have expanded federal power by classifying nearly every body of water as part of the waters of the United States (WOTUS). General Skrmetti joined a 23-state coalition in filing the complaint and requesting the injunction.

The EPA’s 2023 Rule repealed the 2020 definition of the waters of the United States and wrongly sought to expand federal regulatory authority under the Clean Water Act to cover nearly every body of water in the country, creating unlawful restrictions on the agricultural industry and usurping Tennessee’s authority over its own waters. The U.S. District Court for the District of North Dakota enjoined EPA from implementing or enforcing the 2023 Rule in Tennessee and the 23 other states that are party to the suit.

“Redefining the WOTUS rule is yet another example of the Biden administration’s blatant disregard for the rule of law,” Chief of Staff Brandon Smith said. “Our office will continue to confront this administration’s attempts to circumvent the states’ statutory authority.”

The injunction is an important victory in the coalition’s continued efforts to protect farmers, builders, and other landowners.

In the complaint, the coalition writes, “Congress created the Clean Water Act to restore and maintain the country’s water, but it also recognized that the States have primary responsibility and rights over their land and resources.”

General Skrmetti was joined in this effort by state attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, West Virginia, and Wyoming.

To read the filing in its entirety, click here.

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#MA23-21:  TN AG Skrmetti Secures Injunction against EPA Attempt to Redefine the “Waters of the United States”