A federal judge has blocked implementation of the Environmental Protection Agency’s clean water rule, scheduled to happen tomorrow.

Missouri Attorney General Chris Koster calls the Second Injury Fund situation an "Illinois-level" issue.

Missouri Attorney General Chris Koster

Attorney General Chris Koster’s office said the U.S. District Court of North Dakota found Missouri and 12 other states are “likely to succeed on the merits” of their underlying lawsuit against the law.

The EPA and the opponents of the rule argue what land it would encompass. Koster argues it would include dry creek beds and farms in 100-year flood plains.

Judge Ralph Erickson wrote, “While the exact amount of land that would be subject to the increase is hotly disputed, the agencies admit to an increase in control over those traditional state-regulated waters of between 2.84 to 4.65 percent. Immediately upon the rule taking effect, the rule will irreparably diminish the states’ power over their waters.”

EPA has responded to the ruling saying it only applies to the 13 states that filed for it, including Missouri. It plans to enforce the rule in the rest of the nation beginning tomorrow.

The preliminary injunction only lasts as long as the litigation continues, and can be overturned.