A federal court in North Dakota granted a stay in an ongoing multistate lawsuit against the EPA’s latest waters of the U.S. rule, giving the Biden administration time to complete a rewrite.

The U.S. District Court for the District of North Dakota sided with an EPA motion to delay the case. “The court has carefully reviewed the motion and the entire record and finds the federal defendants have demonstrated good cause for the grant of a stay,” U.S. District Judge Daniel Hovland said in an order.

Agriculture and other business interests filed a motion to vacate the rule, while the 24 states that sued and received a preliminary injunction against the WOTUS rule did not oppose a delay to allow for a rewrite. Another stay remains in effect in Texas and Idaho as well. Read more