Obama’s ‘Wet’ Dream Coming True

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are changing the existing “navigable waterways” rule, adding a number of bodies of water to their jurisdiction.

Along with lakes, rivers, bays and such, they want control over all standing waters including drainage ditches, overflow reservoirs and mud puddles.  And though the water might be on private property and not for drinking or bathing, the EPA wants the right to inspect those waters.

In announcing the rule, President Obama dripped pure Socialism, “With today’s rule, we take another step towards protecting the waters that belong to all of us.”

The rule change also includes a three percent increase in the land federal government already controls and in which the EPA can enforce the Clean Water Act over. And while the percentage sounds small, it amounts to nearly 777 million acres.

When the EPA first proposed the rules last summer, they did so in open defiance of the Supreme Court’s clear directives which ruled the agency was already at an overreach in their regulatory powers. But last summers actions weren’t the only time the EPA has done this.

In 2001, the Supreme Court held in Solid Waste Agency of Northern Cook County vs. the U.S. Army Corps of Engineers that the Corps and the EPA couldn’t regulate isolated water bodies because that would void the term “navigable waters” out of the Act and raise constitutional questions.  Despite this, both agencies continued to do so.

This newest rule stems from a 2006 Supreme Court case in which Michigan developer John Rapanos fought an EPA fine for filling in 54 acres of wetlands on land he owned to build a shopping center. The EPA and the Corps argued that the wetlands under the protection of the 1972 Clean Water Act, but the court disagreed.

Ultimately, Rapanos agreed to a nearly $1,000,000 settlement with the EPA while not admitting to any wrongdoing.

The House voted May 12 to overturn the rule, requiring the EPA and Secretary of the Army to withdraw the proposed regulation within 30 days and craft a new one. The Senate was proceeding along a different route to stop the rule with a bill that would overturn the regulation, make the EPA write a new one, setting out specific parameters for the new attempt.

Now, through this new rule, the Obama Administration’s adopted basically the same definition of jurisdictional waters the Supreme Court has rejected twice. It’s also another example of Obama taking executive action without the support of Congress and further eroding the U.S. Constitution.

Advertisements
Obama’s ‘Wet’ Dream Coming True

Let me know what you think...

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s