Unfortunately, the District Court in North Dakota just ruled that t the injunction it issued last week staying the new rule is limited to the parties to the suit and is not applicable nationwide.  The parties are: North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, South Dakota, Wyoming, and the New Mexico Environment Department; and New Mexico State Engineer.

It is unclear whether the EPA will seek to enforce the rule in New Mexico because the State as a whole was not a party to the suit.

Please see the attached decision and my blog post here:  http://blog.pacificlegal.org/clean-water-rule-the-court-giveth-the-court-taketh-away/