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Swamp-draining: More on Waters of the United States rule
http://www.americanthinker.com ^ | May 27, 2017 | Dale Leuck

Posted on 05/27/2017 8:10:33 PM PDT by kindred

On May 25, Rick Moran detailed the plight of California-located Duarte Nursery, being sued by the Army Corps of Engineers (ACE) for plowing a small portion of a recently purchased 450-acre farm for the purpose of planting wheat. Mr. Duarte purchased the land in recognition that significant portions were to remain fallow because they were wetlands protected by the Clean Water Act (CWA). But, after planting wheat for harvest in 2013 on a portion determined by a paid consultant not to be such protected wetlands, Mr. Duarte was sued by the Corps for "not obtaining a permit to discharge dredged or fill material into seasonal wetlands considered waters of the United States," according to USA Today. The dredged or fill material would be particles of soil and/or chemicals loosened by plowing. The amount of the fine sought against Mr. Duarte is some $2.8 million, with his attorney's fees, time wasted, and potential mitigation activities all significant added expenses. At the heart of the problem is the Obama-era Waters of the United States (WOTUS) rule that sowed the seeds of confusion the day it took effect on August 31, 2015 and one day after a federal district court in North Dakota issued a preliminary injunction against enforcement of the WOTUS rule, in response to a lawsuit brought by the attorneys general of 13 states: North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, South Dakota, Wyoming, and New Mexico. Designed in collaboration between the Environmental Protection Agency (EPA) and the ACE

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: water
The fascism of the leftist global socialists whose plans are to enslave and control all nations peoples through big government tyranny is exhibited fully in this circumstance in the lawless nation of socialist California. All air and water and food will be controlled by big government and all working people will be enslaved and kept poor, needy, and hungry to ensure their compliance.Tthe left is tyranny.
1 posted on 05/27/2017 8:10:33 PM PDT by kindred
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To: kindred

“The fascism of the leftist global socialists whose plans are to enslave and control all nations peoples through big government tyranny is exhibited fully in this circumstance in the lawless nation of socialist California.”

You know, that this action has NOTHING to do with the State of California. This is a Federal Action! The Army Corps of Engineers doesn’t work for the State of California, they work for the Federal EPA.


2 posted on 05/27/2017 8:36:00 PM PDT by vette6387
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To: kindred

The Army Corps of “Engineers” destroyed the Missouri River through various straightening projects in the 50’s and 60’s.
The Corps should be required to read people their rights before trespassing on private land.


3 posted on 05/28/2017 5:17:34 AM PDT by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: Eric in the Ozarks

They did the same thing to the Kissimmee River in Florida.


4 posted on 05/28/2017 5:33:11 AM PDT by ChildOfThe60s ("If you can remember the 60s........you weren't really there")
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To: vette6387

Uh, no:

The United States Army Corps of Engineers (USACE),[5] also sometimes shortened to CoE[6] is a U.S. federal agency under the Department of Defense and a major Army command made up of some 37,000 civilian and military personnel,[1] making it one of the world’s largest public engineering, design, and construction management agencies.

https://en.wikipedia.org/wiki/United_States_Army_Corps_of_Engineers


5 posted on 05/28/2017 8:34:01 AM PDT by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Wonder Warthog

Un yes:

I said essentially the same thing. These idiot anti-California nuts seem to think that everything that ‘s bad here in CA has something to do with our state government. The Army Corps of Engineers needs to have it’s tail feathers cut off completely where the environment is concerned. In fact, it should not have a single solitary finger in anything that is not connected to it’s original mission of providing engineering and construction services to the Army in time of war.


6 posted on 05/28/2017 9:53:49 AM PDT by vette6387
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To: vette6387
"I said essentially the same thing. These idiot anti-California nuts seem to think that everything that ‘s bad here in CA has something to do with our state government. The Army Corps of Engineers needs to have it’s tail feathers cut off completely where the environment is concerned. In fact, it should not have a single solitary finger in anything that is not connected to it’s original mission of providing engineering and construction services to the Army in time of war."

No, you did not. The Army COE is totally under the control of the Department of Defense...nothing and nobody else. The EPA has squat to do with it. They go where and do what the DOD and/or the Commander in Chief says. It is that latter which has been the problem, as Presidents like Obama have abused their authority.

Like it or not, "they" are doing what they are chartered to do. Want that to change?? Elect different politicians.

7 posted on 05/28/2017 11:22:14 AM PDT by Wonder Warthog (The Hog of Steel and NRA Life Member)
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To: Wonder Warthog

“There is some disagreement over the extent of the Corps’ reach into the wetlands, whether USACE or the US Environmental Protection Agency (EPA) should have jurisdiction, and how the wetlands should be regulated. Often, it is difficult to describe the problem or make jurisdictional determinations. Many times, people are frustrated because the process isn’t transparent or easy. In some cases, it appears that Corps (and EPA) regulators are searching for excuses to justify decisions in allegedly difficult circumstances.”

Time for Trump to cut the ACoE out of the picture. This is not a role for them. And I stand by my comment which was to the effect that the ACoE is not a CA State agency, because it simply isn’t.


8 posted on 05/28/2017 11:37:38 AM PDT by vette6387
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To: vette6387
"Time for Trump to cut the ACoE out of the picture. This is not a role for them. And I stand by my comment which was to the effect that the ACoE is not a CA State agency, because it simply isn’t."

And if Commander-in-chief Trump says "stand down", the Army Corps of Engineers will do so. But the comment "I" was responding to was your statement that the ACOE "worked for the EPA", which it does not. I am well acquainted with both organizations. Whether the ACOE or the EPA should "regulate" is a question for either Congress or the courts.

9 posted on 05/29/2017 5:17:26 AM PDT by Wonder Warthog (The Hog of Steel and NRA Life Member)
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