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.
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 ...
State contests reservation boundary for EPA air quality ruling
http://wyofile.com/ron_feemster/state-contests-reservation-boundary-epa-air-quality-ruling/
Wyoming asks EPA to reconsider reservation ruling
http://www.sfgate.com/news/science/article/Wyoming-asks-EPA-to-reconsider-reservation-ruling-5118789.php
For anyone interested, an EPA document [83 page .pdf]
“LEGAL ANALYSIS OF THE WIND RIVER INDIAN RESERVATION BOUNDARY”
http://www2.epa.gov/sites/production/files/2013-12/documents/attachment2capabilitystatement.pdf
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?
ping!
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.
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