The clock is ticking down to implementation of the Environmental Protection Agencies Waters of the U.S. rule.
13 states have asked for an injunction to delay the rule, set to go into effect Friday.
If granted, the injunction would halt the EPA from implementing the rule, which opponents argue is an increase in the agency’s jurisdictional reach, according to a report by the Wall Street Journal.
When granting a preliminary injunction, the courts must consider four things: the likelihood of irreparable harm to the petitioners if the injunction is not granted; the balance of harm to both parties with or without the injunction; the likelihood of the petitioners to succeed in a trial on the merits of their case and the public interest regarding the granting, or not, of the injunction.
The states argue that under all considerations, a preliminary injunction is due.
