In late December, the Environmental Protection Agency under Joe Biden tried to substantially expand its federal jurisdiction over water sources across the nation, including local lakes, ponds, and streams, in a rule called “Waters of the United States” or WOTUS.


The waters in question typically fall under the state’s jurisdiction, but Biden’s EPA is hoping to increase its control by moving governance under the federal government, which would then have the ability to regulate all of them. The WOTUS rule was to take effect on Monday. But in an outstanding victory for state’s rights, a Trump-appointed judge halted Biden’s overstep.
Judge Jeffrey Brown of the U.S. District Court for the Southern District of Texas said the rule exceeds the EPA’s authority. He agreed with Texas AG Ken Paxton, who filed suit against the EPA alongside the AG from Idaho, that WOTUS would cause “irreparable harm” to the states.

AG Paxton tweeted about his victory against Biden, saying, “Last night a federal court blocked the Admin’s radical “waters of the US” rule, which imposes a leftist environmental agenda on Texas, crushing new regs, and oppressive economic costs. I will always fight to keep Biden’s boots off the necks of Texans!”

Judge Brown noted that twenty-five other states had also filed lawsuits challenging the WOTUS rule, which he noted kept him from providing a nationwide injunction. The court order stops the enactment of the rule in Texas and Idaho indefinitely, pending further court orders.

Paxton released a statement Monday saying,

“While I continue to battle the rule in court, this preliminary injunction is a major blow to the Biden Administration’s radical environmental agenda. The unlawful rule would have saddled Texans across the state with crushing new regulations, slowing our state’s economic development and limiting our job growth. Securing an injunction stops the rule from going into effect. This is an important victory protecting the people of Texas from destructive federal overreach.”

Congress has expressed a desire to narrow federal authority, yet Biden has arbitrarily and unlawfully pushed to expand the scope of federal power. According to Paxton, the consequences for several sectors, including energy, agriculture, and transportation infrastructure in Texas, would be dire if WOTUS was allowed to proceed.

Idaho AG also called the ruling a massive win. Raúl Labrador tweeted, “My attorneys, working alongside Texas, successfully enjoined Biden’s unlawful WOTUS rule & secured a massive win for Idaho, its citizens & its industries. Joining this lawsuit was the right move – we iced the new rule before it took effect & Idaho’s interests are protected.”

Rep Mary Miller reminded Americans that the EPA bureaucrats who want to control your water through WOTUS, spilled 3 million gallons of toxic waste into the Colorado River under the Obama administration.

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