EPA/Obama Admn Pimp Slapped by Federal Judge

[BigGameHunter]

[FONT=Arial, Helvetica, sans-serif]COURT BLOCKS EPA WATER RULE IN 13 STATES [/FONT] [FONT=Arial, Helvetica, sans-serif]President Obama’s push to extend the EPA’s regulatory hand to ditches and small streams to enforce clean water rules was blocked by a federal judge, who said the administration had overstepped its bounds in trying yet another end run around Congress. Known as the Waters of the United States — or what critics call WOTUS for short — the new rules have been controversial from the start. The Obama administration said it was trying to clear up confusion after an earlier court decision left it unclear how far the federal Clean Water Act stretched. That law gives the EPA power over “navigable” waters and any land where water runs off into those waters. But what that meant has been hotly debated. Last year the administration wrote new definitions that would have subjected all waters within 4,000 feet of a navigable water to EPA review and control. Critics said that would mean the EPA would control lands near ditches with no possible connection to the rivers and lakes that the law was designed to protect. The states that sued said the new rules would create a nightmare scenario of having to get permits and perform environmental studies on every gas or water pipeline, or reclamation or development project. The regulation details the agencies’ jurisdiction over various bodies of water. EPA and the Army Corps of Engineers say it clarifies the scope of their oversight following two conflicting Supreme Court decisions. But business groups argued it greatly expanded the EPA's and the Corps’ jurisdiction over intermittent water bodies, such as streams and wetlands. Agriculture groups led by the Farm Bureau were particularly vocal, arguing that farmers would need permits for normal agricultural operations, an assertion EPA has sought to rebut. Judge Ralph R. Erickson, who sits in Federal District Court in North Dakota, called the Environmental Protection Agency’s attempt “inexplicable, arbitrary and devoid of a reasoned process,” and issued an injunction preventing the EPA and the U.S. Army Corps of Engineers from claiming oversight of millions of acres of land that contain small bodies of water. Judge Erickson, who sits in federal district court in North Dakota, said he’d looked at all the evidence he could, and couldn’t see how the EPA justified the 4,000-foot standard. [/FONT]

 

[tommyguns2]

The Supreme Court Chevron case gives administrative agencies a substantial amount of deference in generating rules that are enabled by legislation. Chevron deference requires a rule to not be arbitrary or capricious. That's a very low standard, and the federal judge basically said this rule making does not even meet this low level.

The Obama administration is attempting to say that this ruling only applies to the 13 states that are party to the lawsuit! How can the Federal gov't regulate in different states according to different standards? This administration is simply lawless.

 

[RAIDEN]

Don't really know what this is about, but I'm guessing the government is overreaching...again.

 

[tommyguns2]

Raiden, the EPA does not have the authority to regulate any body of water (at least they didn't). A 1 acre lake in the middle of Kansas does not cross state boundaries, and thus unless the EPA can show some impact of these body of water on another state, they don't have jurisdiction. Rather, the state of Kansas may choose to have some state EPA standards that may affect it.

The EPA is attempting to radically extend its jurisdiction into bodies of water that heretofore they had no power over. The federal judge is saying, WTF?

 

[tommyguns2]

here's a decent balanced article about it..

http://www.usnews.com/news/us/artic...ean-water-rule-in-effect-despite-court-ruling

 

[RAIDEN]

Regulate a body of water? When and where does shit like this stop? This is encroachment by the EPA.

 

[PillarofBalance]

They monumentally ****ed this up, but there is cause for them to be looking at these smaller bodies of water.

This country is destroying it's very finite supply of fresh water in wreckless fashion.

De-sal isn't the answer. The old post WWII thinking that we can conquer every problem that comes our way with technology only creates more or bigger problems down the line.

We do need to respect our environment and our resources. We talk about drilling for oil domestically is a national security issue because we can't be dependent on foreign oil.

How secure will we be when dependent on other countries for our food supply?

 

[PillarofBalance]

Regulate a body of water? When and where does shit like this stop? This is encroachment by the EPA.

Bodies of water are already regulated whether navigable or not. Even swamps have protection. These are just done at the state and local level for the most part.

 

[BigGameHunter]

They monumentally ****ed this up, but there is cause for them to be looking at these smaller bodies of water.

This country is destroying it's very finite supply of fresh water in wreckless fashion.

De-sal isn't the answer. The old post WWII thinking that we can conquer every problem that comes our way with technology only creates more or bigger problems down the line.

We do need to respect our environment and our resources. We talk about drilling for oil domestically is a national security issue because we can't be dependent on foreign oil.

How secure will we be when dependent on other countries for our food supply?

Im with you on respecting the environment and resources especially water. That said, I dont think they are going to find the answer to the worlds fresh drinking water problem in a ditch or a creek on Grandpa's farm.

Until something is done with the EPA (like an overhaul of their authority) it makes it hard for the average citizen to know what to believe or who to trust, especially on environmental issues. We should not have to trade our civil liberties in the name of the environment.

Is it not possible in this Country to ask for and have changes with out the punitive policies and power grabs that go along with them?

 

[graniteman]

They monumentally ****ed this up, but there is cause for them to be looking at these smaller bodies of water.

This country is destroying it's very finite supply of fresh water in wreckless fashion.

De-sal isn't the answer. The old post WWII thinking that we can conquer every problem that comes our way with technology only creates more or bigger problems down the line.

We do need to respect our environment and our resources. We talk about drilling for oil domestically is a national security issue because we can't be dependent on foreign oil.

How secure will we be when dependent on other countries for our food supply?

^^^AND THIS CHILDREN...is what aLibtard looks like... The gov't that has totally ****ed this entire country up is the one you wil l look to to protect and fix it... Deee da Deeeeee

 

[graniteman]

Im with you on respecting the environment and resources especially water. That said, I dont think they are going to find the answer to the worlds fresh drinking water problem in a ditch or a creek on Grandpa's farm.

Until something is done with the EPA (like an overhaul of their authority) it makes it hard for the average citizen to know what to believe or who to trust, especially on environmental issues. We should not have to trade our civil liberties in the name of the environment.

Is it not possible in this Country to ask for and have changes with out the punitive policies and power grabs that go along with them?

Best answer for this Country to revive is abolish the epa, the dept of education, HLS, DEA . BTAF and a whole plethora of illegal and UnConstitutional depts that have no business existing

 

[texas boy]

Best answer for this Country to revive is abolish the epa, the dept of education, HLS, DEA . BTAF and a whole plethora of illegal and UnConstitutional depts that have no business existing

Don't forget the IRS!! Bastards.