Skip to comments.Tom Campbell: New EPA water rules could drive property rights into a ditch
Posted on 08/03/2014 7:51:52 AM PDT by Oldeconomybuyer
The 1972 Clean Water Act requires anyone putting anything into a navigable or interstate watercourse or wetland to get a permit from the Environmental Protection Agency and the Army Corps of Engineers. Tributaries to such watercourses are covered, but the word tributary was not defined. Now, for the first time, in pending regulations, the EPA proposes to do so.
A ditch can be a tributary. They are mentioned explicitly in the rule. They are excluded only if they do not contribute flow, either directly or through another water, to a watercourse already reached by the EPAs jurisdiction. They dont have to carry water continuously. Intermittently or ephemerally is sufficient.
What the EPA and Army Corps miss, however, is that by asserting jurisdiction first, and later filling in the substantive details of the regulation, the agencies are subjecting landowners of all kinds, but especially farmers, to the slow death of requiring prior approval. There is no law mandating that a regulatory agency move expeditiously. If, in normal agricultural operations, a farmer moves topsoil into a ditch that occasionally carries water, prior approval would be needed. Farms cant operate under a regime of asking permission for actions as mundane as that.
Why not start with the big problems? The EPA is not going to have sufficient resources to investigate every farm ditch anyway, so why threaten it?
(Excerpt) Read more at ocregister.com ...
That's an easy one: anarcho-tyranny.
I heard a lengthy interview with some mucky-muck from the EPA about this. She lied to the point of having to be a blood relative of Bill Clinton.
If they’re lying about it that much, it’s an even bigger disaster than anyone now guesses.
When we the people get back the Congress, the Legislative Branch of this government I would hope we press them to alter the purpose of the EPA, or eliminate it entirely.
The alteration would be to an advisory entity opposed to a regulatory entity, and let Congress do the job of rule making under the watchful eye of the people opposed to the political party.
Isn’t that what they said about the DHS enforcing EOs against Land Rover Defenders? Now we have single vehicles seized from hapless owners with no evidence their vehicles are even in violation.
Bingo. FedGov loves power.
Hopefully this isn’t the same Tom Campbell who was (maybe is) the BIGGEST JERK to ever be involved in California Republican politics. If it is, he has NO LEGITIMACY complaining about the EPA, considering his record.
The author who wrote this article was a former U.S. congressman from CA who earned a law degree from Harvard
and a Ph.D. in economics from the University of Chicago.
He was also a law clerk for the late Supreme Court Justice Byron White.
Crap, that’s him. I guess he’s trying to imitate a conservative, in his latest incarnation.
i don’t care how smart he is water runs down hill ditch or no ditch.
Why don’t our “Republicans” defund this “regulation?”
The DemonRats are constantly at”War”with”The Language”!They are ALWAYS”Re-Defining”words so that they become Unrecognizable.When will they publish “The New DemonRat EPA-Approved,Enviro-Wacko,Frequently ABRIDGED Dictionary”????
In many parts of the farm belt farmers have for generations used drainage tiles to remove standing water from low areas of their fields with the water being drained into a ditch. Under these regulations individual farmers would have to seek permits presumably every time it rains. Environmental zealots in the EPA are determined to raise both our electric rates and our food costs.
I could care less if he’s a conservative or a flaming pink homo commie, anyone who is against the EPA deserves support.
“I could care less if hes a conservative or a flaming pink homo commie, anyone who is against the EPA deserves support.”
Maybe now (must be planning to run in a conservative district), but 20 years ago, he was basically to the left of Barbara Boxer. Those people SICKEN me.
Thanks for the ping. This will be one to keep an eye on.
“The EPA is not going to have sufficient resources to investigate every farm ditch anyway, so why threaten it?”
They’ll hire DHS, which has become the new federal interior state police, as when they, DHS, recently confiscated a couple’s imported car because it does not adhere to EPA vehicle emissions mandates, while ignoring the vehicle was exempt under a “grandfather” clause in the pertinent “regulation”.
Congress has abdicated everything to the dictators.It no longer writes the laws of this country - that would be messy, democratic and lead to rancorous debate and “imperfect” “solutions. Instead, Congress writes brand new one-off pieces of legislation that turn a topic forever after over to the dictators (Obamacare) known as “regulators” whose acts the prostrated Congress promptly rubber stamps.
If I recall my court cases correctly, this issue of designating ditches as waterways, or whatever, was shot down by the USSC in SWANCC v US and Rapanos v US.
The court explicitly said the EPA doesn’t have the congressional mandate or regulatory authority to regulate drainage ditches. Period.
This will not stop the EPA nazis from attempting to illegally throw their weight around. The EPA is the most lawless bureaucracy in existence. It will be up to states, counties and sheriffs to run these Nazi goons out of their territory when they show up. If that means arresting these fascists pigs, I don’t have a problem with that.
"We moved our base camp last night and were now positioned literally
within feet of the river. Have been sitting here watching the border
patrol patrolling in their riverboats all night and all morning..."