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Idaho State News

Attorney General Raúl Labrador Scores Early Legal Victory Against Biden Administration WOTUS (Waters of the United States) Regulatory Scheme

Boise, ID – (Released from Idaho’s Attorney General’s office) In a major win for the citizens and job creators of Idaho, Attorney General Raúl Labrador has scored an early victory, co-leading with the State of Texas to win a Preliminary Injunction in federal court against the Biden Administration’s extreme Waters Of  The United States (WOTUS) regulations.

The Court’s order granting a preliminary injunction halting the Biden WOTUS rules only covers the States of Idaho and Texas, who co-led this lawsuit. The other states which chose a different legal course will still face these extreme regulations.

The Biden WOTUS rules would subject Idaho citizens to massive federal overreach on their own land and hamper Idaho job creators, creating a barrier for Idaho’s farmers, ranchers, and small businesses that depend on access to their land and Idaho resources. The EPA announced the finalized rule on December 30th, 2022. The rule would establish a definition of Waters of the United States that would redefine Idaho’s waterways as subject to federal regulation.

Labrador’s Office of the Idaho Attorney General, with leadership through his newly formed divisions of Solicitor General and Civil Litigation & Constitutional Defense, strategically positioned this suit to save Idaho’s landowners thousands of dollars in compliance costs and will protect them from the burdens of the federal bureaucracy.

Attorneys from the Solicitor General division, including Deputy Solicitor General Josh Turner, made significant and novel contributions to the briefing and argumentation of this lawsuit.

Attorney General Labrador said: “I am proud of the work our office is doing. We took criticism from the Governor’s administration and some pundits for our decision to join this suit, but based on Judge Brown’s injunction, it is clear I made the right move for Idaho. My team and I formulated the best strategy to get the right result and the quickest relief. I want to thank my team for their great arguments they have brought to this case and to our colleagues in Texas for taking the initiative on this endeavor. Together we have won an initial victory to stop the Biden administration from subjecting Idaho to federal overreach.”

The Office of the Attorney General will continue to pursue this case, and others which provide the most benefit for Idaho.