Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Obama Administration's New EPA Rules Expand Control Over All Waterways
The New American ^ | 29 May 2015 | Warren Mass

Posted on 05/30/2015 9:02:39 AM PDT by VitacoreVision

In a White House statement released on May 26, President Obama stated: “I called on the Environmental Protection Agency and the U.S. Army Corps of Engineers to clear up the confusion and uphold our basic duty to protect these vital [water] resources.”

Obama went on the explain that the two federal bodies will provide businesses and industry with the “clarity and certainty” they need to determine which waters are protected by the Clean Water Act, and ensure that polluters “can be held accountable.”

During a “press gaggle” the next day aboard Air Force One, AP’s White House press correspondent Darlene Superville asked Deputy Press Secretary Eric Schultz about the EPA’s new water rules, and, noting that the House has already passed a bill to block those rules from taking effect and that the Senate is considering doing the same thing, asked: “Would the President veto that if it cleared Congress?”

Schultz replied:

Darlene, I’m not going to speculate on legislation that it’s not entirely clear that it will pass. What I can say is that we believe the rule today is a win-win, both for the economy and for public health. This is a rule that will protect streams and wetlands that form the foundation of our nation’s water resources. They feed the rivers, lakes, bays and coastal waters that our health and economy depend on.

When Superville noted that many farmers and business people are complaining about the cost that would be imposed on them by the new rules and was asked, “What cost estimates does the administration have for the financial cost that they would bear?” Schultz replied:

Zero. It’s important to note that this rule has no direct cost to a community, business or individual. It only applies if someone is going to pollute or destroy a body of water and needs a permit. So money and time will actually be saved by all involved because we will not have to deal with long, drawn-out, case-by-case basis for those determinations. Any cost would come from applying for permits and complying with the rule.

A news release posted on the EPA’s website on May 27 reveals some of the areas where the agency will assert its authority.

•  “The Clean Water Act protects navigable waterways and their tributaries. The rule says that a tributary must show physical features of flowing water — a bed, bank, and ordinary high water mark — to warrant protection.”

•  “The rule protects waters that are next to rivers and lakes and their tributaries because science shows that they impact downstream waters.”

•  “The rule protects prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands when they impact downstream waters.”

•  “The rule limits protection to ditches that are constructed out of streams or function like streams and can carry pollution downstream.”

The EPA, stated the agency’s administrator, Gina McCarthy, said that the EPA is not really breaking new ground, but is merely “finalizing a clean water rule.” “This rule is about clarification, and in fact, we’re adding exclusions for features like artificial lakes and ponds, water-filled depressions from constructions and grass swales,” McCarthy told reporters on May 27. “This rule will make it easier to identify protected waters and will make those protections consistent with the law as well as the latest peer-reviewed science. This rule is based on science.”

McCarthy’s (and Obama’s) claims to the contrary, many Americans are worried about the EPA’s “clarification” of its own regulations, a policy change that is sure to expand the reach of the often bothersome agency. These constituents have made their voices known to their representatives in Congress and Congress has responded.

House Agriculture Committee Chairman Mike Conaway (R-Texas) warned: “This rule in its current form is a massive overreach of EPA authority.”

On April 13, Representative Bill Shuster (R-Pa.) introduced the Regulatory Integrity Protection Act of 2015 (H.R. 1732) “To preserve existing rights and responsibilities with respect to waters of the United States.” The legislation tells the Secretary of the Army and the Administrator of the EPA to withdraw the proposed (now implemented) rule entitled “Definition of ‘Waters of the United States’ Under the Clean Water Act,” the same rule change just announced by the Obama administration.

Shuster’s bill was supported by the American Farm Bureau Federation. It was passed by the House on May 12 on a 261-155 vote and received in the Senate the next day.

Senator John Barrasso (R-Wyo.), who called the EPA measure “outrageously broad,” sponsored a bill in the Senate to curtail the EPA’s power grab. Called the Federal Water Quality Protection Act (S. 1140), the bill would require the Secretary of the Army and the EPA administrator to propose a regulation revising the definition of the term “waters of the United States.”

Among other things, S. 1140 defends states’ rights by stating that “an exclusion of waters from Federal jurisdiction does not mean that excluded waters will be exempt from regulation and protection, but rather, it recognizes the limits of Federal jurisdiction under the Federal Water Pollution Control Act … and the primary role of States in protecting State waters.”

The bill also lists specific bodies of water that should not be included among the Federal Water Pollution Control Act’s definition, “waters of the United States” such as water that is located below the surface of the land; Isolated ponds, whether natural or manmade, including farm ponds, fish ponds, ornamental ponds, swimming pools; and stormwater or floodwater systems within the boundaries of a State; and municipal and industrial water supplies within the boundaries of a State.

With the Obama administration so intent on increasing the reach of the EPA through the agency’s new water rules, it can be assumed the Obama would veto any legislation that would nullify them. In that case, Congress must pass such legislation by a veto-proof, two-thirds majority, which is 290 votes in the House and 67 in the Senate, if every member casts a vote.


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: epa; obama; water; waterwars

1 posted on 05/30/2015 9:02:39 AM PDT by VitacoreVision
[ Post Reply | Private Reply | View Replies]

To: VitacoreVision

There is a reason the Constitution was written the way it was. It shows the Founding Fathers understood that government bureaucrats’ highest priority is to increase their own power, that regulators want more and more to regulate, etc. At this point, I would say that we should make all federal agencies null and void. Administration should be done by Congress and their own staff. After all, it is unbelievable that Congress delegate some of its power to some agencies like the EPA, and then lose total control of that agency and cannot even have it repeal a rule due to the other party! This is just unacceptable!


2 posted on 05/30/2015 9:11:45 AM PDT by winner3000
[ Post Reply | Private Reply | To 1 | View Replies]

To: VitacoreVision

The Clean Water Act is not about clean water.


3 posted on 05/30/2015 9:13:24 AM PDT by wyokostur
[ Post Reply | Private Reply | To 1 | View Replies]

To: VitacoreVision
"I got your water right here, Mr. Prezzy..."


4 posted on 05/30/2015 9:15:12 AM PDT by moovova
[ Post Reply | Private Reply | To 1 | View Replies]

To: VitacoreVision

The EPA MUST BE DEFUNDED!


5 posted on 05/30/2015 9:16:01 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: wyokostur

EPA fighting global warming by reducing food supply
americanthinker.com ^ | 5/30/2015 | Newsmachete

WOW - back to back regulations to control our food and our water. What else will the Media blindly surrender to nameless bureaucrats?


6 posted on 05/30/2015 9:20:17 AM PDT by CoastWatcher
[ Post Reply | Private Reply | To 3 | View Replies]

To: VitacoreVision

“During a “press gaggle” the next day aboard Air Force One,”

Sounds like the pResident’s people have the same contempt for the pRess that we do.
Yeah, this is about pollution control like gun control is about guns.
It’s about the out-of-control metastasizing of the federal government.
It’s about their control over every aspect of our lives.
You wonder why you keep seeing the term “Uniparty”?
The nation’s founders warned us about this threat: that we would face a relentless drive of a central government for more-and-more power.
They demanded a bill of rights before reluctantly signing-on to a federal form of government.

So how is the federal government dealing with the BOR and Constitution 200 years later?
They ignore them, and if caught, they simply lie and incur no consequences because they have supreme authority and no responsibility. See: the IRS and TEA party. NSA and spying. State Department and Benghazi. ATF and Fast and Furious. ICE and border security. Dept. of Defense and special forces. Obama’s WH press office everyday. And on and on and on.


7 posted on 05/30/2015 9:42:11 AM PDT by tumblindice (America's founding fathers: all armed conservatives.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CoastWatcher

Here’s the link:

http://www.freerepublic.com/focus/f-news/3295052/posts


8 posted on 05/30/2015 9:51:14 AM PDT by rktman (Served in the Navy to protect the rights of those that want to take some of mine away. Odd, eh?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: VitacoreVision

Eff em, all of them. Let the c-suckers show up on my land and find out what will happen. Oh yes! I will go to the big house no doubt, or get the needle, but I will make sure I get enough of them before hand.


9 posted on 05/30/2015 10:20:48 AM PDT by crz
[ Post Reply | Private Reply | To 1 | View Replies]

To: VitacoreVision

How do we get this overturned?

New Republican president? With R majorities in House and Senate?


10 posted on 05/30/2015 11:29:03 AM PDT by CPT Clay
[ Post Reply | Private Reply | To 1 | View Replies]

To: moovova

No doubt His Royal Swineness, Defender of The Faithless,would immediately declare ownership and love to be showered with the affection of even his opponents’ living waters..


11 posted on 05/30/2015 3:59:19 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Don Corleone

Perhaps defenestration should be an option..


12 posted on 05/30/2015 4:00:29 PM PDT by sheik yerbouty ( Make America and the world a jihad free zone!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: VitacoreVision

There are 1000’s of rural dams that were built for flood control on private property.

There are 1000’s of rural dams that will be breached by their property owners before they allow the EPA to have rule over their property.

Sucks to be down stream.


13 posted on 05/30/2015 4:17:30 PM PDT by hadaclueonce (It is not heaven, it is Iowa. Everyone gets a "Corn Check")
[ Post Reply | Private Reply | To 1 | View Replies]

To: CPT Clay
New Republican president? With R majorities in House and Senate?

Having a majority that is not on the Lobbyist payroll is the key.

14 posted on 05/30/2015 4:22:11 PM PDT by hadaclueonce (It is not heaven, it is Iowa. Everyone gets a "Corn Check")
[ Post Reply | Private Reply | To 10 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson