Skip to comments.EPA Decree Shrinks Size of Wyoming by a Million Acres -
Posted on 01/21/2014 8:19:59 AM PST by Rusty0604
Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law? Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation.
Wyoming Governor Matt Mead warned of the dangers to all Americans of this type of unilateral land redistribution by the EPA: ...My deep concern is about an administrative agency of the federal government altering a state's boundary and going against over 100 years of history and law.
"This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?" Governor Matt Mead said in a press release on January 6.
"It is outrageous to me that a regulatory agency has proposed changing jurisdictional boundaries established by history and the Courts. I have asked the Attorney General to challenge this decision and defend the existing boundaries of the reservation.
(Excerpt) Read more at cnsnews.com ...
"You shall not move your neighbor's landmark..."
-- Deuteronomy 19:14
“Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law?”
Because “he won”, that’s why.
The list, Ping
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By what authority does an administrative agency transfer American sovereignty away ?
It will stop when the UN's Agenda 21 is fully implemented -- unless the American people wake up and stop it themselves. They are still very much asleep.
...government of the vested aristocracy, by the elite rulers, for their patronized sycophants,shall not perish from the earth.
Because he has a pen.
“This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?” Governor Matt Mead said in a press release on January 6. “
Geez, you’d think a Governor would have a unilateral of his own to answer with. Instead he sounds like some kind of bystander taking notice and commenting.
Why isn’t he knocking on the door to the Supreme Court?
Texas will be the first to leave the union, and the rest of the red states will gleefully follow. The blue states will be left to struggle on their own.
Is there any current or proposed oil drilling or anything else the EPA doesn’t like going on in that area?
Team BO is, as Charles Krauthammer has so perfectly pointed out, is lawless.
Law is defined moment by moment in this perverted time of cult worship of pretend leaders.
No media questioning is even fathomed in this day, only a repetition of the regime’s talking points.
Riverton is centrally located on the eastern slope of the Wind River Range, where Oil and Gas Drilling is expanding at a quick pace. The Western slope of the Winds has pretty much been all drilled and wells are in place.
This is all about setting the precedent that a federal agency can confiscate property without due process. The fact that it involves native tribes is intended to shut down dissent from the left and make the right look like genocidal maniacs. Everything Obama is doing to give the Feds greater power with no redress fits this “crumbs for the disempowered model.”
Section 3 - New States
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
If the EPA is taking land of one state and giving it to another state, Article IV Section 3 lays out that the legislatures of the states involved must approve of it, as well as Congres.
Why isn't Wyoming rushing to the Supreme Court to put a stop to this?
State contests reservation boundary for EPA air quality ruling
Wyoming asks EPA to reconsider reservation ruling
For anyone interested, an EPA document [83 page .pdf]
“LEGAL ANALYSIS OF THE WIND RIVER INDIAN RESERVATION BOUNDARY”
I wonder if this land grab will have any implications on the drilling or the profits?
US Constitution, Section 6, Clause 2: This Constitution ...and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
There were an awful lot of treaties made "under the Authority of the United States" with Indian tribes. Just about every one of them was broken. A strict reading of the Constitution would seem to say all those broken treaties are still "the supreme law of the land," trumping any state laws to the contrary.
I'm not sure whether this clause makes it clear if a law passed by Congress can override a Treaty.
Should make it clear I’m not up on the specifics of this case.
My comment was more general in nature.
Contesting any EPA reg can take years, hopefully Wyoming can win this quickly.
This is happening because states have been negligent in stopping federal overreach. Give an inch, they take a mile.
The EPA is outside of the Constitution. Why, it is only peripherally binding on the Congress, Judiciary and Executive. The idea behind this grab is that if Conservatives think they are going to pick up and leave liberal hell holes where governors push them out (ahhh.. ahhhhhhh.. aacccchhhhhhhhhhh.... CUOMO!)and move to "red" states, they'll squeeze the land of those states. It's the Agenda-21/ICLEI way.
Force is stopped by only one means....Force.
I suppose you mean "secede". It means something entirely different.
If the EPA or this administration is following the constitution, this will be a first.
After 100 years, one would have to ask, why now?
Will they now consider this?: “The name Aztlán was first taken up by a group of Chicano independence activists led by Oscar Zeta Acosta during the Chicano movement of the 1960s and 1970s. They used the name Aztlán to refer to the lands of Northern Mexico that were sold to the United States as a result of the Mexican-American War. Aztlán became a symbol for mestizo activists who believe they have a legal and primordial right to the land. In order to exercise this right, some members of the Chicano movement propose that a new nation be created, a República del Norte.”
To secede is to succeed.
Don’t we still have a Bureau of Indian Affairs? Isn’t this their job? And if not, what are we still paying them for?
Imagine what EPA could do with a little more historical research and a continuing lack of concern
for FedGov's legitimacy. Perhaps CT and MA gun laws now apply anywhere FedGov wants them to.
Treaties with foreign governments (like Indian tribes) require approval of the Senate.
This is an unConstitutional act.
...aw screw it, no one is listening...
I don’t think they do have the authority but when does that ever stop them? They lose in court all the time for their hijinks.
My understanding is that regulations are challenged in the DC court - which is why Obama wants to stack the court with that nuclear option that passed in the senate.
Wyoming Governor Matt Mead evidently hasn’t studied the Constitution which he swore to protect and defend. Otherwise, he would be able to stop the EPA in its tracks by arguing the following.
To begin with, the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide them from politicians like Gov. Mead, to clarify that all federal legislative powers are vested in the elected members of Congress, not nonelected government bureaucrats. So Congress has a monopoly on federal legislative powers whether it wants it or not.
In fact, by unconstitutionally delegating federal legislative / regulatory powers to nonelected bureaucrats like those running the EPA, corrupt Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the statutes referenced above.
And even if Congress had the constitutonal authority to delegate federal legislative powers to nonelected bureaucrats, it remains that the states have never delegated to Congress, via the Constitution, the specific power to regulate environmental issues. So EPA is exercising regulatory powers that Congress doesn’t even have.
What a mess! :^(
So politicians like Gov. Mead deserve to tremble in their boots as a consequence of not taking the responsibility to find out what the under 30 pages of the Constitution actually says about the federal government’s constitutionally limited powers.
The issue has been percolating for decades, and there are conflicting state supreme court decisions. In one case on water rights the city was ruled to be on the reservation and in a criminal case the city was ruled to be off the reservation.
These are both state laws/regs and the decision ultimately needs to be resolved by the federal courts, but they had no way of getting it into federal court.
Now, EPA, DOI, and the Justice dept make a decision revolving around air pollution and the Clean Air Act is federal, which allows them to take it into federal court.
The irony is that the Wyoming politicians didn't have any objections with this until the story went national and the right wing media picks it up, and now the politicians have to change their tune, or they might get unelected by a tea partier. Cheney's daughter might run for their office.
That’s right, thanks for the reminder. So many things happening it’s hard to remember it all.
See post 39
That’s the DC court of appeals, the case is headed for the supreme court. The tribal water rights were established by the supreme court. Just a few months ago the supremes accepted parts of the CO2 pollution case on appeal from the DC court of appeals decision.
My belief is that the Governor’s of these states need to just say no right up front and let the DOJ file a lawsuit. That way only the SCOTUS has jurisdiction not a Federal judge. The Governor tells the EPA and Holder “see you at the Supremes.”
Thanks for the info.
The day after a state succeeds, it must turn off power and utilities to all Federal buildings in that state. Don’t give the bastards the opportunity.