SIOUX FALLS, S.D. (KELO) — South Dakota is joining 23 states in filing a lawsuit against the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.
Attorney General Marty Jackley said that the lawsuit would be against the Biden Administration’s “Waters of the United States” rules which he says is an overreach of the federal government in the Clean Water Act.
The rule, which was signed by Biden in 2021, would “redefine ‘navigable waters’ to include ponds, certain streams, ditches and other bodies of water” under the Clean Water Act, according to Jackley.
“As it states in the lawsuit, this rule would require farmers, developers and other property owners to get permission from the EPA and the Army Corps of Engineers to use these water ways in most ways,” Jackley said. “That places an undue burden on South Dakotans who would face federal government punishment for even the slightest misuse.”
This is the second federal lawsuit South Dakota has joined in the last week. South Dakota joined 24 other states in a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding pistol regulations.
South Dakota has paid out over $8 million in court costs under the Extraordinary Litigation Fund, according to the Bureau of Administration. Earlier this month the BOA asked for an additional $2 million during a Joint Committee on Appropriations meeting.
Other states involved in the lawsuit against the EPA include Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, West Virginia, and Wyoming.