Meet The Judge Who May Block The Clean Water Rule

Congressional Republicans have mounted numerous legislative efforts to stop a controversial federal clean water regulation, but in the end it was one man in North Dakota who managed to ground implementation to a halt.

“With the stroke of his pen, Ralph Erickson catapulted himself to the center of a decades long politically charged battle over the country's foremost water law. The little-known North Dakota federal district judge blocked the Obama administration's contentious Waters of the U.S. rule on Aug. 28, hours before it was scheduled to go into effect,” E&E Publishing reported.

Opponents at every level of the political process worked to stop the rule, but one man did it. Erickson ruled that the EPA and the Army Corps of Engineers overstepped their Clean Water Act authority when they rolled out the rule.

“The rule's foes sought injunctions in lawsuits filed across the country, but Erickson was the only federal district judge to grant one — though he later limited it to the 13 states in the case before him. In the months since, Erickson's decision has become ammunition for opponents of the water rule, one of the Obama administration's most significant environmental regulations,” the report said.

Given that Erickson will retain a major role in deciding the fate of the rule, a question seems pertinent: Who is this guy?

A George W. Bush appointee, Erickson was previously “a personal injury lawyer with almost no reputation in Washington, D.C.,” the report said. “Erickson's also considered right of center with a ‘strict constructionist’ view of the Constitution that may come into play in reviewing the water rule.

Erickson’s view of the constitution could be pivotal to the EPA case.

"I would not say that he's conservative," said Ward Johnson, a North Dakota attorney who has argued before Erickson. "I truly believe this guy has taken on the mantle of United States judge. I think he'll make the decision that is in the best interest of the United States. And I think he takes that very seriously."

Erickson seems poised to continue playing a pivotal role in the case, the report said. “It's a high-stakes role for a North Dakota judge who is well-respected locally as a no-nonsense, hardworking and at times talkative judge with limited experience on environmental and administrative law cases,” the report said.

Erickson is no stranger to high-profile cases. He oversaw a death penalty case eight years ago covered by the national media. He has also considered water issues in his courtroom before.

“Erickson has handled at least one water case. In March 2010, he upheld a lower-court ruling that a North Dakota farmer was guilty of improperly draining wetlands covered by a Fish and Wildlife Service easement,” the report said.

Lawyers who have argued in his courtroom say he is evenhanded.

"He has one of the best judicial demeanors of any judge I have ever been in front of," said Johnson, the attorney, per the report. "He is not a hothead. But he demands respect in his courtroom. He doesn't allow sloppy law practice."

The EPA argues that the rule is necessary to protect waterways and because Supreme Court decisions make it unclear what the agency may regulate under the Clean Water Act. Opponents, including congressional Republicans and the agriculture industry, say the EPA overstepped its bounds in rolling out the new regulation.

For more coverage of the Clean Water Act, visit Water Online’s Source Water Solutions Center.