Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Cuccinelli: The EPA would do well to remember that we’re a nation of laws, not men
Hot Air ^ | 1:51 pm on January 4, 2013 | Erika Johnsen

Posted on 01/04/2013 11:30:18 AM PST by Ernest_at_the_Beach

The odd-year gubernatorial election of what now feels like a solidly purple Virginia (…dagger) could potentially serve as a bellwether of which way the national attitude is trending after almost a year into President Obama’s second term, and conservative Attorney General Ken Cuccinelli will be facing former DNC chief Terry McAuliffe in what will likely be a pretty rough race.

One of the items on which the Obama administration has already started moving “forward” in the more politically safe second-term-secured atmosphere is all of the regulations on which they were rather conspicuously holding back before the election, with the Environmental Protection Agency’s many determinedly zealous ideas for regulating our air and water figuring largely among them. The Clean Air and Water Acts have so far been some of the biggest legal boundary-busting culprits employed by the Obama EPA, and AG Cuccinelli just pulled out a major victory leading a case in which he argued that the EPA was trying to categorize water itself, rather than just the sediment in it, as a pollutant in order to further expand their authoritative whimsy over both it and us. Winning:

A federal district judge Thursday shot down a “novel” EPA attempt to regulate the flow of water as a pollutant, stopping dead in its tracks what otherwise would have been a major regulatory expansion. …

Cuccinelli personally argued the case before O’Grady on Dec. 14, warning the EPA’s attempt to regulate the flow of water into state waterways would amount to a “tremendous expansion” of its regulatory power. …

Assuming the judgment withstands appeal, it would spare Fairfax County an estimated $300 million in compliance costs. Nationwide, three other lawsuits against the EPA’s recent assertion of its authority to regulate water flow are pending. …

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …

“You know it’s bad when a partisan Democrat board of supervisors, like Fairfax County, will join us to sue the EPA,” he said. “That’s how bad it’s gotten.”

Governor McDonnell was definitely on board in support of both the lawsuit and Cuccinelli’s efforts:

Speaking about the ruling, Governor Bob McDonnell said, “The Commonwealth has just saved taxpayers an estimated more than $300 million by prevailing in a lawsuit against the U.S. Environmental Protection Agency (EPA) for unlawfully attempting to regulate water itself as a pollutant. The EPA tried to regulate water as a pollutant in the Accotink Creek watershed. This would have required the Virginia Department of Transportation to spend at least an additional $70 million to retrofit its existing facilities and redesign new projects to comply with the regulations. Fairfax County would have had to spend more than $300 million to comply with the EPA mandate. Over time the regulation would have impacted numerous other projects, costing even more and having a negative impact on future job creation. …

This ruling today is a testament to Attorney General Ken Cuccinelli’s good work to fight back on economically harmful, and unnecessary, regulations. The ruling will save millions of dollars now and much more in the future. It is a positive victory for the taxpayers of Virginia.”

If there’s anything that can get grassroots conservatives fired up for an election, it’s the federal government’s persistent displays of simply trying to do what they want, when they want, the economic and personal costs be damned — and Cuccinelli having spearheaded takedown will almost certainly be an excellent selling point on his gubernatorial-race resume in the coming months. The EPA is constantly raining (reigning?) down on businesses and communities with their bureaucratic ambitions that are based not so much on accurate science as political science, and a local-level example with bipartisan support like this isn’t a bad win to have in your back pocket.


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: climatechange; cuccinelli; envirofascism; epa; globalwarming; globalwarminghoax; greenfraud; kencuccinelli; lisajackson; thegreenlie; zerodarkthirty

1 posted on 01/04/2013 11:30:31 AM PST by Ernest_at_the_Beach
[ Post Reply | Private Reply | View Replies]

To: SunkenCiv; Marine_Uncle; Fred Nerks; Carry_Okie; blam; Lorianne; Twotone; bigbob; NormsRevenge; ...

fyi


2 posted on 01/04/2013 11:36:07 AM PST by Ernest_at_the_Beach ((The Global Warming Hoax was a Criminal Act....where is Al Gore?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

We WERE a nation of laws before the coronation of Emperor Obama.


3 posted on 01/04/2013 11:39:00 AM PST by Iron Munro (I Miss America !!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

No we’re not.


4 posted on 01/04/2013 11:39:22 AM PST by Doctor 2Brains
[ Post Reply | Private Reply | To 1 | View Replies]

To: Iron Munro
Highlighting this from the article:

*****************************************************

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …

5 posted on 01/04/2013 11:47:45 AM PST by Ernest_at_the_Beach ((The Global Warming Hoax was a Criminal Act....where is Al Gore?))
[ Post Reply | Private Reply | To 3 | View Replies]

To: Ernest_at_the_Beach

Interesting development. Nixon’s ghost must be forever twisting and turning about, as he looks into what horror story the EPA has become.


6 posted on 01/04/2013 11:49:22 AM PST by Marine_Uncle (I'm going John Galt.... But. Honor must be earned.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Doctor 2Brains
No we’re not.

*****************************************************

Meaning what?

7 posted on 01/04/2013 11:50:43 AM PST by Ernest_at_the_Beach ((The Global Warming Hoax was a Criminal Act....where is Al Gore?))
[ Post Reply | Private Reply | To 4 | View Replies]

To: Ernest_at_the_Beach
Highlighting this from the article:
*****************************************************

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …


And even through the constitution DOES explicitly prohibit something, our overlords ignore it.
8 posted on 01/04/2013 11:54:37 AM PST by PeterPrinciple ( Lord save me from some conservatives, they don't understand human nature any better than liberals.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Marine_Uncle

This outcome,...victory...could catapult a politician onto the National Stage.


9 posted on 01/04/2013 11:55:24 AM PST by Ernest_at_the_Beach ((The Global Warming Hoax was a Criminal Act....where is Al Gore?))
[ Post Reply | Private Reply | To 6 | View Replies]

To: Iron Munro

No-—Oliver Wendell Holmes, Jr and the John Austin ideology that ejected Truth and God from our Legal System-—destroyed Rule of Law (the concept of Higher Power and Absolute Truth no longer exist in our law schools— where arbitrary laws now are the “Rule”).

Man-made up laws without “Right Reason according to Natural Law” are unconstitutional according to our Supreme Law of the Land (Locke/Blackstone/Reid/ Common Law philosophy).

Irrational “thinking” is now the Rule of (no) Law. Truth (God) was totally ejected for Marxism—there is no God—no Absolute Truth-—just arbitrary (whoever is in power gets to legislate what is “Truth”—like Sodomy is a Right—Abortion is a Right—although it comes from Satan and is unnatural and, therefore, unconstitutional. There is no Reason allowed—just irrational “thinking”.

Then there is the removal of all our God-Given Rights-—because the State is the dictator of our “Rights” now and have thrown out the concept of God (which is unconstitutional—but most judges are trained Marxists now because of our brainwashing in universities and “Law” schools. They force fundamental lies and flaws into “law” students and destroy integrity—teach how to obfuscate and get around Truth and deny the Laws of Nature and nature’s God.

This (non) thinking is why we have useful idiots who elected such a degenerate as barry. There is no Truth—Reason—God in public schools. He was removed in the 50’s. The schools destroy intentionally all logic and the belief in God and God-given Rights so the State becomes god.


10 posted on 01/04/2013 11:57:10 AM PST by savagesusie (Right Reason According to Nature = Just Law)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Iron Munro

“We WERE a nation of laws before the coronation of Emperor Obama.”

This EPA garbage started LONG before Obama.


11 posted on 01/04/2013 11:59:11 AM PST by HereInTheHeartland (Witty saying goes here...)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Ernest_at_the_Beach

Good luck to him. He’ll need it.


12 posted on 01/04/2013 12:03:08 PM PST by Marine_Uncle (I'm going John Galt.... But. Honor must be earned.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: HereInTheHeartland
This EPA garbage started LONG before Obama.

Yeah, this was Nixon's baby. I often wonder how many dedicated lefties/enviro-wackos know that Richard Nixon was the person who started the EPA.

13 posted on 01/04/2013 12:11:56 PM PST by LibertarianLiz
[ Post Reply | Private Reply | To 11 | View Replies]

To: Ernest_at_the_Beach

You might have noticed that laws do not apply to dems, libs, and certain protected groups.


14 posted on 01/04/2013 12:15:17 PM PST by Doctor 2Brains
[ Post Reply | Private Reply | To 7 | View Replies]

To: Iron Munro

Very true. The people voted an end to the rule of law last November. Previous to that we had mistakes and corruption in our government, as all governments do, but now lawlessness has the consent of the governed. Or the ruled as the case is now.


15 posted on 01/04/2013 12:22:25 PM PST by TigersEye (Who is John Galt?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: HokieMom

Virginia ping..........


16 posted on 01/04/2013 12:26:38 PM PST by Gabz (Democrats for Voldemort.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach

Bump


17 posted on 01/04/2013 12:38:51 PM PST by lowbridge (Joe Biden: "Look, the Taliban per se is not our enemy.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach
This outcome,...victory...could catapult a politician onto the National Stage.

IMO, Cuccinelli is the best of the McDonnell team. He's done good work for Virginia.

18 posted on 01/04/2013 12:53:21 PM PST by ScottinVA (More dizzying than a Tilt-a-Whirl is an around-a-circle argument with a liberal about gun control.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Ernest_at_the_Beach
EPA's demands on Fairfax County (where I live) were actually done with murderous intent.

EPA agents live in nearby Maryland ~ and they know that Fairfax has a fairly hilly terrain ~runoff down through the centuries has been fast and furious around here ~ we even have the second largest waterfall (by volume) in the United States, plus we border the Potomac River AT SEA LEVEL for a considerable distance.

This area is also raked by hurricanes FREQUENTLY.

What all of that means is that we could not possibly serve as a catchment for all the water flowing through, near, around, over, or under us. We can only slow down some of it, and then only with what are called Storm Water Retention Basins or Ponds, or catchment easements, or assiduous use of grass and other plants to slow down, delay, or even impound extraordinary water runoff for short periods of time.

EPA's little gnomes did some basic computations and came up with the idea of turning every little valley in the county into a catchment ~ which would permanently retain storm water runoff until it was all absorbed into the ground.

We already have about 500 of these basins. Local zoning and development codes requires them to protect Cheseapeake Bay, but EPA's plan would have added thousands and literally stopped all runoff.

Since the day John Smith sailed up the Potomac to meet Pocahontas on the Virginia side at Great Falls, the runoff on this side of the river has always ultimately gone into the Potomac, at sea level. Only a minor portion of it has managed to get absorbed into the hard clay, iron ore and disaggregated schist that make up our subsurface structures.

EPA's mind boggling and useless plan to create all these many thousand more catchments would have given us innumerable unguarded, unprotectable drowning ponds in a densely populated urban area! And they knew that. The leftwingtards who run that agency like to murder children. Thank goodness The Cooch caught them in the act and sent them packing back to their rat warrens in Maryland. We don't need any of their kind around here.

19 posted on 01/04/2013 1:04:05 PM PST by muawiyah
[ Post Reply | Private Reply | To 1 | View Replies]

To: Iron Munro

“We WERE a nation of laws before the coronation of Emperor Obama.”

We haven’t been a nation of laws since Lincoln refused to recognize the rights of sovereign states to secede. It’s been all about power and force ever since.


20 posted on 01/04/2013 1:05:16 PM PST by MeganC (Our forefathers would be shooting by now.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: LibertarianLiz
The only thing that happened under Nixon was the consolidation of a number of ALREADY EXISTING AGENCIES into something that was thought to be more manageable. At the time they had a number of rogue operations and there was no one head office people could appeal to so you'd have to go to court on everything.

Unfortunately, that was back in the day when they thought regulatory agencies were THE WAY TO GO. Turned out all regulatory agencies turn into dictatorial fiefdoms that uniformly have the intention of punishing people.

21 posted on 01/04/2013 1:07:08 PM PST by muawiyah
[ Post Reply | Private Reply | To 13 | View Replies]

To: Ernest_at_the_Beach
This outcome,...victory...could catapult a politician onto the National Stage.

IMO, Cuccinelli is the best of the McDonnell team. He's done good work for Virginia.

22 posted on 01/04/2013 1:10:57 PM PST by ScottinVA (More dizzying than a Tilt-a-Whirl is an around-a-circle argument with a liberal about gun control.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Ernest_at_the_Beach

Actually we are a nation of intimidated subjects governed by lawless men that infest the the District of Corruption.


23 posted on 01/04/2013 1:21:38 PM PST by Psalm 144 (Capitol to the districts: "May the odds be ever in your favor.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: MeganC

That principle had been tested at the time of the War of 1812. It didn’t work then and it didn’t work in 1860. Won’t work now either.


24 posted on 01/04/2013 1:30:02 PM PST by muawiyah
[ Post Reply | Private Reply | To 20 | View Replies]

To: muawiyah

Thanks for the clarity.


25 posted on 01/04/2013 1:59:35 PM PST by LibertarianLiz
[ Post Reply | Private Reply | To 21 | View Replies]

To: Ernest_at_the_Beach; Mad Dawg; EDINVA; JPG; Hawthorn; Paisan; ConservativeOrBust; VA_Gentleman; ...

Virginia Ping! If you want on or off the Virginia Ping List, please freepmail me.

26 posted on 01/04/2013 2:20:35 PM PST by HokieMom (Pacepa : Can the U.S. afford a president who can't recognize anti-Americanism?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ernest_at_the_Beach
“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …

It wasn't Congress that did that; it was the Constitution, specifically, the preamble to the Bill of Rights.

27 posted on 01/05/2013 10:07:59 PM PST by Carry_Okie (GunWalker: Arming "a civilian national security force that's just as powerful, just as well funded")
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson