Idaho Attorney General Raúl Labrador, alongside attorneys general from North Dakota, Alaska, Iowa, Nebraska, South Carolina, and South Dakota, has filed a lawsuit against the Environmental Protection Agency (EPA) and the Biden Administration. The coalition aims to protect state rights over water and wildlife resources. Idaho and North Dakota are leading the group in their complaint filed in the U.S. District Court for the District of North Dakota.
The EPA's new rule, referred to as the Tribal Reserved Rights rule, mandates that states prioritize tribal claims over those of their citizens. According to the EPA, this authority is derived from the Clean Water Act (CWA), which requires states to protect "tribal reserved rights" when designating uses for state waters and setting water quality standards. However, critics argue that these rights have never been consistently defined by the federal government.
Attorney General Labrador stated: “The Biden Administration’s EPA must be held accountable for their unconstitutional overreach into the management of state resources and relationships.” He emphasized Idaho's extensive navigable waterways—totaling 3,100 miles—and asserted that "the CWA does not strip Idaho of its right to manage our rivers effectively." Labrador further noted that "the CWA preserves state authority over its water resources."
The coalition of states is seeking a federal court injunction to halt and ultimately vacate the new rule. Litigation on this matter is ongoing.