Brian4Liberty
07-25-2014, 02:31 PM
Every aspect of your lives and property, overseen, inspected, regulated and controlled by the all-powerful Big Brother and Big Mommy government.
Property Rights at Stake in EPA’s Water Power Grab
Commentary by Daren Bakst
Thanks to the federal government, it soon may become far more difficult to use and enjoy private property. The Environmental Protection Agency and the Army Corps of Engineers want to make a water—and land—grab that should scare everyone.
Under the Clean Water Act, the federal government has jurisdiction over “navigable waters,” which the statute further defines as “the waters of the United States, including the territorial seas.” Property owners often need to get permits if waters covered under the law will be impacted. Therefore, a critical question is what types of “waters” are covered under the CWA. That’s what the EPA and Corps seek to address with a new proposed rule that would define “the waters of the United States.” As expected, the EPA and the Corps are seeking to expand their authority to cover waters never imagined when the Clean Water Act was passed in 1972.
For example, the new proposed rule would regulate all ditches, except in narrow circumstances. This even includes man-made ditches. The rule would apply to tributaries that have ephemeral flow. This would include depressions in land that are dry most of the year except when there’s heavy rain.
...
If the EPA and Corps expand their authority over more waters, property owners will have to secure additional permits. They will have to get permission from federal bureaucrats to enjoy and use their property because of waters that were never intended to be regulated under the CWA. If property owners don’t comply with the law, they could face civil penalties as high as $37,500 per day per violation, or even criminal penalties.
In their craving for more power, the EPA and Corps are ignoring a critical aspect of the CWA: cooperative federalism. Both the states and federal government are supposed to play a role in implementation of the law. Yet, this power grab is an attempt by the federal government to push out state and local governments.
...
Congress is taking notice. The House Transportation and Infrastructure Committee passed a bill (H.R. 5078) that would prohibit implementation of the proposed rule, and legislation (S. 2496) has been introduced in the Senate to prohibit implementation as well. In addition, the FY 2015 House Interior and Environment appropriations bill that passed out of the appropriations committee includes a provision that withholds funds for implementation of the rule.
Ultimately though, it is the responsibility of Congress to define the term “navigable waters” instead of deferring to the EPA and the Corps. History shows these agencies will continue to seek to expand their authority. As with other laws, Congress needs to reassert its authority and rein in agency overreach. Private property rights are at stake.
...
More:
http://dailysignal.com/2014/07/23/property-rights-stake-epas-water-power-grab/
Property Rights at Stake in EPA’s Water Power Grab
Commentary by Daren Bakst
Thanks to the federal government, it soon may become far more difficult to use and enjoy private property. The Environmental Protection Agency and the Army Corps of Engineers want to make a water—and land—grab that should scare everyone.
Under the Clean Water Act, the federal government has jurisdiction over “navigable waters,” which the statute further defines as “the waters of the United States, including the territorial seas.” Property owners often need to get permits if waters covered under the law will be impacted. Therefore, a critical question is what types of “waters” are covered under the CWA. That’s what the EPA and Corps seek to address with a new proposed rule that would define “the waters of the United States.” As expected, the EPA and the Corps are seeking to expand their authority to cover waters never imagined when the Clean Water Act was passed in 1972.
For example, the new proposed rule would regulate all ditches, except in narrow circumstances. This even includes man-made ditches. The rule would apply to tributaries that have ephemeral flow. This would include depressions in land that are dry most of the year except when there’s heavy rain.
...
If the EPA and Corps expand their authority over more waters, property owners will have to secure additional permits. They will have to get permission from federal bureaucrats to enjoy and use their property because of waters that were never intended to be regulated under the CWA. If property owners don’t comply with the law, they could face civil penalties as high as $37,500 per day per violation, or even criminal penalties.
In their craving for more power, the EPA and Corps are ignoring a critical aspect of the CWA: cooperative federalism. Both the states and federal government are supposed to play a role in implementation of the law. Yet, this power grab is an attempt by the federal government to push out state and local governments.
...
Congress is taking notice. The House Transportation and Infrastructure Committee passed a bill (H.R. 5078) that would prohibit implementation of the proposed rule, and legislation (S. 2496) has been introduced in the Senate to prohibit implementation as well. In addition, the FY 2015 House Interior and Environment appropriations bill that passed out of the appropriations committee includes a provision that withholds funds for implementation of the rule.
Ultimately though, it is the responsibility of Congress to define the term “navigable waters” instead of deferring to the EPA and the Corps. History shows these agencies will continue to seek to expand their authority. As with other laws, Congress needs to reassert its authority and rein in agency overreach. Private property rights are at stake.
...
More:
http://dailysignal.com/2014/07/23/property-rights-stake-epas-water-power-grab/