Judge rules Obama administration water rule should be halted

Associated Press ^ | Aug 27, 2015 7:15 PM EDT

[Olog-hai]

A federal judge in North Dakota on Thursday blocked a new Obama administration rule that would give the federal government jurisdiction over some smaller waterways just hours before it was set to go into effect.

U.S. District Judge Ralph Erickson in Fargo issued a temporary injunction requested by North Dakota and 12 other states halting the U.S. Environmental Protection Agency and Army Corps of Engineers from regulating some small streams, tributaries and wetlands under the Clean Water Act. The rule, which has prompted fierce criticism from farmers among others, was scheduled to take effect Friday.

North Dakota Attorney General Wayne Stenehjem, who filed the injunction request, said his reading of the ruling was that it applied to all 50 states, not just the 13 that sued. But the EPA said in a statement that it applied only to the 13 and it would be enforced beginning Friday in all other states.

The 13 states exempted for now are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming. …

[Gaffer]

At one point during the Clinton Administration, a concerted effort was under way to create river basin sanctuaries all across the US. Stretching the bounds of the interpretations of “navigable waters” and the extent of the watersheds around these areas.

They were planning to install a “River Keeper” czar for every one of them who had complete authority over anything in or near those areas - even those areas where private property (homes and buildings) existed.

In effect the Clintons wanted complete control over the entire fresh water supply in the country. This is what the EPA never forgot and is implementing that concept inch by inch, droplet by droplet.

[jazzlite]

I am concerned for farmers. Is this a way to literally confiscate farmland or to put huge fines on farmer’s because of some itsy-bitsy ditch? Just asking. Thanks to the judge for stopping this. Look up and understand what is happening, people. Your dictators are to be found in these huge bureaucracies who do not have to go through anyone to make these laws. Thankfully, this one ended up in court.

[A CA Guy]

Obama already said he will go forward in all but those thirteen states for now with his plans. Does NOT consider the Federal judge a block on the hole thing at all according to his interpretation that forwards his agenda.

[broken_arrow1]

Like the Energizer Bunny, the communist POTUS keeps on going, and going...

[Ben Ficklin]

"Look it up and understand what is happening"

Correct, if you do that, you see this problem was created by the Roberts Court, in 2006.

The "navigable waters of the US" have been an issue since the passage of the CWA and many thought EPA/Corp to be arbitrary and prone to exaggerating their authority,

Justice Roberts wanted to define and limit EPA's authority over "the waters"

The Roberts court would use two cases to do that: the Rapanos and Carabell cases. But in that decision the court actually muddied the water and the vagueness revolved around the phrase "significant nexus".

Most thought that SCOTUS would take another case to define the decision but they never did. In the meantime many lower courts were having to rule and many judges were complaining. Landowners and lawyers/consultants were also complaining.

For their part, EPA did nothing except issue some guidelines based on the SCOTUS decision. Congress tried to settle it but never succeeded.

Finally, in 2013, EPA decided to rewrite the regs in accordance with their interpretation of the SCOTUS decision.

EPA knew the re-write would generate lawsuits, which would force the issue back to SCOTUS

[jstaff]

A while back, NC Gov Mike Easley wanted to tax private wells. He said it wasn’t fair that someone with a private well could get their water for free when their neighbors had to pay their municipality for the stuff. I guess he thought these wells just sprouted up here and there, at no charge, fully plumbed, and with a pump that didn’t need electricity. He really was a loser as Gov, and not just for the water tax thing.