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Feds stop calling dry land 'water'
WorldNetDaily ^ | Mar 11, 2013 | Bob Unruh

Posted on 03/11/2013 3:08:52 PM PDT by wesagain

A lawsuit by a New Mexico couple whose dry, sandy homestead had been classified as a wetland by federal government regulators is being dropped after Washington agreed to stop mislabeling the land.

The Pacific Legal Foundation confirmed today the lawsuit on behalf of Peter and Frankie Smith ended after the federal decision to “stop labeling their dry land as a ‘water of the United States.’”

As WND reported, the couple had been warned by the federal government not to touch trash – tin cans, broken glass and the like – that had accumulated over the years on the 20 acres of desert land, because it could harm the Rio Grande River, 25 miles away. The couple bought the land near Santa Fe to build a retirement home.

The lawsuit claimed Washington was over-reaching in its claim that the land, which does not contain any “relatively permanent, standing or continuously body of water,” can be regulated by the Clean Water Act.

PLF recently won another major private-property rights battle at the U.S. Supreme Court over federal control of water on private property. The justices ruled landowners have a right to contest a summary order to stop using their private land because of federal wetlands regulations.

In the case, the federal government determined land in Priest Lake, Idaho, being used for the construction of a home was “wetlands.” The feds ordered the owners to turn over their records, provide detailed personal information, return the land to its natural state and leave it that way for years before seeking permission to develop it.

The high court said the EPA must provide a process through which a challenge to its decision can be made in a meaningful way. The law firm working on behalf of the land owner called the decision a ......

(Excerpt) Read more at wnd.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: New Mexico
KEYWORDS:

1 posted on 03/11/2013 3:08:52 PM PDT by wesagain
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To: wesagain

Common sense wins?

Score one for our side.


2 posted on 03/11/2013 3:11:12 PM PDT by Cringing Negativism Network
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To: wesagain

Why not? They call a mosquito infested swam a wet land. Even though it disappears late in summer.


3 posted on 03/11/2013 3:11:29 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: wesagain

Yeah, they stopped doing that on this same thread this morning:

http://www.freerepublic.com/focus/f-news/2995663/posts

Search much?


4 posted on 03/11/2013 3:13:56 PM PDT by humblegunner
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To: humblegunner

Trifecta.

http://www.freerepublic.com/focus/search?m=all;o=time;q=quick;s=dry%20land%20water


5 posted on 03/11/2013 3:15:17 PM PDT by ButThreeLeftsDo (FR: The Same Five Stories. Each And Every Day.)
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To: SkyDancer
that's called a Seasonal Wetland...
6 posted on 03/11/2013 3:23:51 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: Chode

The Smiths have a millennial wetland. ;^)


7 posted on 03/11/2013 3:27:27 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: humblegunner

Also previously pinged to the NM list earlier.


8 posted on 03/11/2013 3:30:34 PM PDT by CedarDave (Marco Rubio takes a drink of water while the media swallows Obama's Kool-Aid)
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To: humblegunner
Search much?

It must really suck having someone pee in your cornflakes everyday.

Some people aren't on FR to search out dupes ALL DAY LONG

Get a hobby....oh, yeah, you already have one...

FMCDH(BITS)

9 posted on 03/11/2013 3:31:35 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: TigersEye
LOL!!!
10 posted on 03/11/2013 3:43:14 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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Comment #11 Removed by Moderator

To: wesagain; Liz; AT7Saluki
after the federal decision to “stop labeling their dry land as a ‘water of the United States.’”

Do we now give Hussein credit for lowering the oceans?

12 posted on 03/11/2013 3:52:47 PM PDT by Libloather (The epitome of civility.)
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To: wesagain

wetlands??


13 posted on 03/11/2013 3:54:09 PM PDT by gleeaikin
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To: gleeaikin

“The high court said the EPA must provide a process through which a challenge to its decision can be made in a meaningful way”

So let us decide who and how we can be sued. Sounds like banks.


14 posted on 03/11/2013 3:57:36 PM PDT by edcoil (Half of every class gratuates at the bottom, they are now politicians.)
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To: Chode

It’s New Mexico, we’re lucky to have indoor plumbing.


15 posted on 03/11/2013 4:31:57 PM PDT by Tijeras_Slim
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To: nothingnew
Some people aren't on FR to search out dupes ALL DAY LONG

You don't have to search for dups ALL DAY LONG, one quick search works before posting a thread. You should know that by now.

16 posted on 03/11/2013 4:33:37 PM PDT by Jean S
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To: Tijeras_Slim
don't spit on the ground then or they'll prolly call THAT a seasonal wetland...
17 posted on 03/11/2013 5:00:32 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: wesagain
In this particular case, I would really like to know:

a. How did the EPA know that the Smiths were "picking up cans, glass and trash" on their property?

b. What, specifically, caused them to care?

Surely, that information should be available. And it would likely be both illuminating...and damning.

18 posted on 03/11/2013 6:22:03 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: nothingnew; humblegunner

I’ll always stick up for multiple posts. I use FR to get caught up on news. Unless I am looking for something specific, I never “search” for news that I do not know exists. I am on FR quite a lot and would miss much if it were not for multiple posts.


19 posted on 03/12/2013 3:04:27 AM PDT by rusty millet
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To: Jean S; rusty millet
You should know that by now.

I know a lot of things...many come from "dupes" since I'm not on FR 24/7.

FMCDH(BITS)

20 posted on 03/12/2013 6:39:35 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: rusty millet
I am on FR quite a lot and would miss much if it were not for multiple posts.

I agree.

FMCDH(BITS)

21 posted on 03/12/2013 6:41:21 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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