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Judge determines WOTUS rule still in effect for Minnesota

ST. PAUL —  The controversial  "Waters of the U.S." rule that has upset most farmers, but pleased environmentalists has been reinstated in 26 states, including Minnesota.

The suspension of the rule remains in effect in North Dakota, South Dakota and the other 22 states where different federal court rulings are in effect.

In a ruling last week, a federal district court in South Carolina ruled that the Trump Administration violated the Administrative Procedures Act in suspending WOTUS.

In a statement from the National Potato Council CEO John Keeling, he said:  "It is important to note that the court did not rule on the merits of the WOTUS rule.  Instead they took issue with the process that the Administration used to suspend it. We encourage the appropriate authorities to take all necessary legal and regulatory steps necessary to ensure that the threat of WOTUS never becomes a reality for American agriculture.”

The WOTUS rule greatly expands the definition of wetlands and other waterways in the U.S. that are subject to regulatory rules under the Clean Water Act.

Previously, those two separate federal court rulings had stopped WOTUS from taking effect in those 24 other states.