Biden-era rule for protecting Midwestern wetlands survives lawsuit

By Michael Doyle | 10/16/2025 01:38 PM EDT

The 2024 Fish and Wildlife Service regulation was designed to preserve prairie potholes that are important habitat for many waterfowl species.

Prairie potholes are scattered among crops in a field.

Prairie potholes are scattered among crops in a field in east-central North Dakota on June 20, 2019. Charlie Riedel/AP

A federal judge dismissed Wednesday a challenge to a Fish and Wildlife Service rule intended to help protect wetlands in the Upper Midwest’s sensitive prairie pothole region.

The potentially far-reaching lawsuit had been brought on behalf of a Minnesota-based company called Ellingson Drainage by the Pacific Legal Foundation, which often focuses on private property rights.

The company claimed a 2024 Fish and Wildlife Service rule effectively curtailed its business of installing subsurface drain tiles on certain farmlands located near the potholes.

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But U.S. District Judge John Bates said the lawsuit filed last February couldn’t clear the first set of courtroom hurdles.

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