Free Republic

Two recent U.S. Supreme Court decisions are victories for anyone dealing with government administrative agencies, say lawyers interested in the cases. One constitutional scholar warns that the decisions are only the first steps in the fight to maintain our form of democracy. “Administrative power is the greatest threat to our constitutional rights,” Phillip Hamburger, a Columbia University School of Law law professor and CEO of the New Civil Liberties Alliance (NCLA), told The Epoch Times. Mr. Hamburger is the author of “Is Administrative Law Unlawful?” a treatise on the dangers of administrative law. Lawyers interviewed by The Epoch Times believe...

The U.S. Supreme Court in a 5–4 decision reined in the Environmental Protection Agency's (EPA) effort to impose extensive federal land use regulation through its broad interpretation of the Clean Water Act (CWA). The decision in the case of Sackett v. EPA turns on the question of the proper definition of the term "the waters of the United States" (WOTUS). Interestingly, all the justices concurred in the judgment that plaintiffs Michael and Chantell Sackett's property and actions were not covered by the CWA. In the case, the Sacketts had purchased property near Priest Lake, Idaho, and began backfilling the lot...

Agency Gives Utilities a Break, Reclassifies ‘Cooling Ponds’ as ‘Waste Treatment Systems’ Alice Fleming Guzick and her husband, Bill, have been living at their lake house on Lake Keowee in South Carolina since the coronavirus pandemic started. She likes to paddleboard and kayak there. Trump and Radical Republicans stripped environmental protections from lakes such as the one Guzick lives on when the EPA and the Army Corps of Engineers repealed former President Barack Obama’s Clean Water Rule and replaced it. Environmentalists say the change removes lakes such as Lake Keowee from being protected under the landmark Clean Water Act, which...

The Trump administration on Tuesday began the process of formally rescinding the highly controversial “Waters of the U.S.” rule, an Obama-era regulation that gave Washington broad powers over streams and other small bodies of water across the country. The rule, put forth in 2015 but subsequently stayed by the Supreme Court before going into effect, was one of EPA Administrator Scott Pruitt’s top targets when he took the helm at the agency. President Trump earlier this year signed an executive order directing Mr. Pruitt to review the rule, and with Tuesday’s action, the EPA says it’s finalized that review and...

A federal judge issued a nationwide injunction Thursday against the Trump administration for delaying the Obama-era Waters of the United States rule, dealing a setback to a key piece of President Trump's deregulatory agenda. The decision by the U.S. District Court in South Carolina means that the so-called Clean Water Rule is again operative in 26 states where district courts have not halted the regulation.

Dan Love .. led Operation Cerberus ... Sen. Mike Lee, R-Utah, wants to rein in the law enforcement authority of the Bureau of Land Management and U.S. Forest Service and is crafting legislation he says will either restrict or abolish their authority. Lee said Monday he aims to hem in powers he says were never envisioned under the Federal Land Management Policy Act of 1976. "Our federal land management agencies have drifted far from their intended purposes.. The BLM has expanded its operations far from public lands." ... The senator added federal land agencies exercise police powers on private land...

Federal Register proposal comes days after Trump administration moves to repeal of federal fracking ruleThe Trump administration formally acted Wednesday to repeal the 2015 Waters of the U.S. (WOTUS) rule, dealing another blow to the Obama-era environmental regulatory regime. The Environmental Protection Agency and Department of the Army announced that the proposed WOTUS withdrawal would be published Thursday in the Federal Register, launching the 30-day comment period. In addition to rescinding the 2015 Clean Water Rule, the agencies said they will also reevaluate the definition of “waters of the United States,” in keeping with President Trump‘s Feb. 28 executive order....

From USAToday:Trump begins with call to kill climate action planWASHINGTON —- As President Trump delivered his inaugural address Friday, his new White House team posted a proposal to eliminate President Obama’s environmental regulations. “For too long, we’ve been held back by burdensome regulations on our energy industry. President Trump is committed to eliminating harmful and unnecessary policies such as the Climate Action Plan and the Waters of the U.S. rule,” reads the top issue brief on the new president’s White House web site. “ New executive actions are expected later Friday as the nation’s 45th president begins his administration.”At...

MISSOULA – U.S. District Judge Donald Molloy ... Putnam said he’s attended several Oath Keepers rallies in the past, including three in Portland, Oregon and several at a memorial on the highway outside Burns, Oregon where LaVoy Finicum was killed by law enforcement in a standoff following the armed occupation of the Malheur National Wildlife refuge. ... Jason Van Tatenhove, a Eureka-area man who serves as the national media director for the Oath Keepers, said he had doubts about the performance of Robertson’s federal public defense attorney, Michael Donahoe, saying he had refused, for example, to push to get an...

Earlier this month a federal court in California ruled that a farmer plowing his land without a permit from the federal government is breaking the law. In 2013, the Army Corps of Engineers, without any notice or due process, ordered the owners of Duarte Nursery to cease use of their land for allegedly violating the Clean Water Act (CWA). The violation: plowing. The California court agreed with the federal government’s action, despite the fact the CWA specifically exempts normal agricultural activities like plowing from regulation. This overreaching assertion of federal power is not an isolated incident. For decades, the EPA...

The United States Forest Service severely damaged a forest road and trail in Northwestern Idaho earlier this month, raising serious questions about the agency’s ability to care for federally-managed lands. During the first weekend in June, several members of Northwestern Gold Prospectors Association (NWGPA) planned to attend a gathering to prospect private claims in the Bedrock Gulch and Eagle Creek areas. When the prospectors arrived, Forest Road 152 was blocked with cement barricades and hundreds of felled trees. ... Photographs from that day show large logs laid crosswise and laterally on the trail, covered with hundreds of large pine branches...

You might remember that Andy Johnson, the rancher from Wyoming, just won his case this week against the Environmental Protection Agency (EPA). That battle concerned their environmentally friendly stock pond on their private property. The EPA demanded that he remove the pond and threatened him with fines of $37,500 per day if he did not comply. The case was settled this week and the Johnson Family are happy. However… He is not the only citizen that the EPA has targeted. More cases are coming to light on the extreme overreach of this organization. Disabled Navy veteran Joseph Robertson, 77, of...

$16 million in fines dropped, threats canceled. A Wyoming rancher threatened by the Environmental Agency with $16 million fines for getting a state permit and building a stock pond on his ranch has reached a settlement that will have the fines go away and he’ll keep his stock pond. WND reported in 2015 on a lawsuit filed on behalf of Fort Bridger, Wyoming, rancher Andy Johnson by officialsl with the Pacific Legal Foundation seeking to vindicate his property rights. The lawsuit explained federal law clearly exempts stock ponds from the rules of the EPA, which had filed a compliance order...

California, Oregon and the federal government are working on a way around congressional barriers to the removal of hydroelectric dams on the Klamath River. The states, the U.S. Interior Department and the owner of the dams, PacifiCorp, announced Tuesday that they have agreed in principle to pursue removal through the federal dam relicensing process. The move comes after a complex deal to decommission four hydroelectric dams and restore portions of the historic salmon river fell apart when Congress failed to act on a crucial piece of the pact by a Dec. 31 deadline. Republican members of Congress and local elected...

A growing number of state organizations seek to remedy what they consider negligent policies and shoddy oversight of public land on the part of federal agencies. Under the umbrella name Transfer of Public Lands, the movement offers a solution to the problem that is simple in concept: transfer ownership and management of public lands administered by federal agencies to equivalent state agencies. These agencies, being accountable to governors, state legislators and citizens, will manage the public lands in a more conscientious, cost-effective way. ... Unlike states east of the Continental Divide, public lands in Western states such as Washington and...

The agreement never sold well either in solidly Republican Klamath County or on the California side of the border, where the idea of removing dams and tilting the scale toward environmental and tribal purposes was regarded suspiciously. "They try to say the community is for it, and it's not true at all," said Klamath County Chairman Tom Mallams, noting that almost all successful candidates in the area run against the agreement. ... Among western Republicans, the idea of removing the dams has been viewed with great suspicion, even though the aged structures are relatively small hydroelectric producers, aren't used for...

While everyone was voting in Colorado elections Tuesday, scant attention was paid to how our U.S. Senators voted on a measure that is extremely important to our entire way of life. We'll give you a hint - it's water. A bill by our Wyoming neighbor, Republican U.S. Sen. John Barrasso, would have required the EPA to rewrite the egregious Waters of the United States rule to give states and the agriculture industry more protection. WOTUS, as it's known, is the latest and worstest regulation issued by the Obama administration to regulate ponds and ditches in neighborhoods and farms as navigable...

The legal barrage to halt the Environmental Protection Agency’s radical Clean Power Plan has begun. A broad coalition of U.S. industry and business, including the U.S. Chamber of Commerce, the National Association of Manufacturers, and an armada of other business and industry organizations, has asked the D.C. District of the federal Court of Appeals to prevent any further action on the Plan until the court can decide its overall legal status. The coalition filed a motion at their first opportunity on Friday to stay EPA’s long-awaited final rule governing the plan, immediately after the agency published the rule in the...

Speaks with WHO’s Jan Mickelson regarding Sanctuary CitiesHOUSTON, Texas– U.S. Sen. Ted Cruz, R-Texas, spoke with Jan Mickelson regarding immigration, Syria refugee crisis and 2016 presidential race.Below is an excerpt featuring the Senator’s remarks on stopping sanctuary cities and enforcing immigration law. Full interview​ can be listened to below:Listen to the Audio.MICKELSON: You are in the right place, right time to talk about sanctuary cities, you’ve introduced along with David Vitter, the Stop Sanctuary Policies Protect American’s Act. Talk to us about that:CRUZ: Well the Senate is going to vote on that next week, I’ve joined with David Vitter of...

WASHINGTON, D.C. — U.S. Sen. Ted Cruz (R-Texas) today released the following statement upon the 6th Circuit’s stay on the “Waters of the United States” rule, which allows litigation over the legality of the rule to proceed before implementation:“The 6th Circuit’s order to halt implementation of the EPA’s new ‘Waters of the United States’ rule is a win for all Americans, but especially for farmers, ranchers, and landowners in the state of Texas. Today’s order is also an important step toward curbing the federal government’s relentless intrusion on the states—power grabs that have become standard practice for President Obama’s EPA....