Skip to comments.Feds stop calling dry land 'water'
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 ...
Common sense wins?
Score one for our side.
Why not? They call a mosquito infested swam a wet land. Even though it disappears late in summer.
Yeah, they stopped doing that on this same thread this morning:
The Smiths have a millennial wetland. ;^)
Also previously pinged to the NM list earlier.
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...
Do we now give Hussein credit for lowering the oceans?
“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.
It’s New Mexico, we’re lucky to have indoor plumbing.
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.
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.
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.
I know a lot of things...many come from "dupes" since I'm not on FR 24/7.
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.