Judge Ralph Erickson of North Dakota who ruled that the Waters of the U.S. rule would not apply to the 13 states that had filed an injunction has said that his ruling only applies to those 13 states (Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, North Dakota, New Mexico, South Dakota and Wyoming).
According to press reports, Erickson says, “because there are competing sovereign interests and competing judicial rulings, the court declines to extend the preliminary injunction at issue beyond the entities actually before it.” This is also the Environmental Protection Agency’s position.