Despite
a ruling by North Dakota Federal Judge Ralph Erickson in Fargo barring
enforcement of EPA’s new clean water rules in 13 states, the agency announced
that it will enforce the new regulations in all 37 states which were not joined
in that particular litigation, including in Illinois. Judge Erickson’s ruling
bars enforcement of the new rules on permits required for activities affecting
small tributary streams and other waters on private property within Alaska,
Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New
Mexico, North Dakota, South Dakota and Wyoming. Different states have similar
litigation proceeding elsewhere, with a court hearing scheduled in another case
against the rules in New York on October 1.
The
agency seems confident the new rules will ultimately be held enforceable
everywhere, despite legislation pending in both houses of Congress to block the
new rules. Meanwhile, construction contractors and property owners in Illinois
who are proposing work on property with wetlands or small streams need to
contact USEPA and apply for permits required under these new regulations, or
face potential fines and penalties should EPA ultimately prevail in this
protracted legal battle. Better safe than sorry.
