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Feds Sued Over Massive Water-Rule Power Grab -Claiming Control Over ‘Every Pond, Stream & Ditch’ in Country
by Bob Unruh
A massive new power grab by bureaucrats in Washington that would give them control of “practically every pond, stream and ditch in the country” and the lands where they are is being challenged in court by a legal team that already has taken on – and defeated – federal efforts to run roughshod over Americans with water rules.
The newest fight is against the Environmental Protection Agency, the U.S. Army Corp of Engineers and others for their announcement, at the end of June, to vastly expand the jurisdictional term “waters of the United States” under the clean Water Act.
A lawsuit was filed by the Pacific Legal Foundation because, as its principal attorney, M. Reed Hopper, explained, “This new regulation is an open-ended license for federal bureaucrats to assert control over nearly all of the nation’s water, and much of the property, from coast to coast.”
Have a retention pond in a park? Could be subject the new regulation. A low area where rain runoff from your neighborhood drains? Same thing. Isolated puddles in a cow pasture? Look out.
In fact, Hopper said, “Under its vague and limitless terms, the only waters that are clearly not subject to federal regulatory power are a few that are expressly excluded in the Clean Water Act, including artificial reflective pools, ornamental waters, some ground water, and gullies.”
Plaintiffs include the Washington Cattlemen’s Association, California Cattlemen’s Association, New Mexico Cattle Growers Association, New Mexico Wool Growers Inc., New Mexico Federal Lands Council, Duarte Nursery Inc., Pierce Investment Co.’ LPF Properties and Hawks Co.
The case was filed in U.S. District Court in Minnesota.
The Sacramento-based legal team said the Washington rule “could bring virtually all the nation’s water and much of the land under direct federal regulatory control” because “it sets no limit on the CWA’s reach.”
It explicitly expands federal control to waters that the U.S. Supreme Court already has ruled “off-limits,” the team said.
The Clean Water Act, originally designated to protect “navigable” waters such as rivers, lakes and oceans, would now include “tributaries” no matter how small or remote, “neighboring” water without any connections, and “even isolated waters that the Supreme Court has held to be beyond CWA coverage.”
“In short, the administration is engaged in a sweeping power grab,” Hopper said. “Property owners around the country will be faced with the prospect of being micro-managed by federal bureaucrats. This turns our federal system on its head. Under our constitutional framework, the states and localities are charged with the primary role in land use regulation and local water-quality protection.
“The Obama administration’s sweeping new rule usurps the authority and responsibility of the states, and empowers bureaucrats in Washington, D.C., to act as zoning and land use czars for the entire nation.”
Read more at http://www.wnd.com/2015/07/feds-sued-over-massive-water-rule-power-grab/#MLU0EGjQSjfJFdhO.99
“Under our constitutional framework…” To which Constitution would you be referring? Were it the original U.S. Constitution, I could all but guarantee, we wouldn’t be dealing with these reptoid psychopaths from the Bizarro Dimension. Considering the factuality, that, the present “constitution” is a fraud, is invalid, as it does not comply with the Supremacy Clause of the original U.S. Constitution, which was ratified by all of the original 13 Colonies/States) was rewritten in 1871, when the Federal Government was incorporated. When this happened, the “Federal Government” ceased to exist, and instead, became a for profit corporation, without any products to sell, as it does not produce any material goods. What it does do, however, is enslaves ignorant, compliant, chemically lobotomized, sheople with fraudulent debt, forces much of the population onto public subsidy welfare “entitlement” programmes by the manipulation and subsequent orchestration of the collapse of the currency/economy, and over-taxing those fortunate(?) enough to still have work and/or a full-time job, that is, when their minions in the major commercial banks arent looting pension funds, raiding seldom visited safe deposit boxes, or outright robbing clients through fraudulent fees, bogus charges, and absolutely UN-Constitutional interest on loans, and usury, (fee charged by a private corporation for managing, producing, and administrating the money supply for the population of a nation. Strictly and explicitly forbidden by the real Constitution.
Point is, according to even the invalid rewritten bogus corporate version of the U.S. Constitution, the corporation that masquerades as a government, has absolutely no authority, WHATSOEVER, outside of the ten or so hectares of Washington D.C. EVERYTHING they do in D.C. is an overreaching power grab, in one way or another…