Results 1 to 16 of 16

Thread: Obama’s ‘Waters of the United States’ EPA Rule Declared Unconstitutional

  1. #1

    Thumbs up Obama’s ‘Waters of the United States’ EPA Rule Declared Unconstitutional

    Former President Barack Obama’s Waters of the United States (WOTUS) Rule abridged state sovereignty and constituted a federal grab of natural resources on an unprecedented scale when it was issued in 2015, but it may be no more following a federal judge’s ruling.
    U.S. District Judge Lisa Godbey Wood granted a substantial victory to the 10 states that challenged the rule in the courts. Godbey claimed that the rule violated the Administrative Procedure Act and the Clean Water Act and was therefore unconstitutional.
    “The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion,” Wood wrote.

    Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.


    “Most importantly, that significant increase in jurisdiction takes land and water falling traditionally under the states’ authority and transfers them to federal authority,” Wood wrote.
    “In light of this significant intrusion on traditional state authority, the CWA still contains the policy language of recognizing traditional state power in this area, and Congress has not made any clear or manifest statement to authorize intrusion into that traditional state power since Rapanos,” she added.


    The American Farm Bureau Federation (AFBF) is very pleased with the court ruling.
    “The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”
    Republican Senators have introduced a bill called the “Define WOTUS Act,” to take the power out of the hands of federal bureaucrats by defining the term through legislation.

    More at: https://bigleaguepolitics.com/obamas...by-the-courts/
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



  2. Remove this section of ads by registering.
  3. #2

  4. #3
    Supporting Member
    Virgin Islands
    Mach's Avatar


    Posts
    3,610
    Join Date
    Jan 2008
    Quote Originally Posted by Swordsmyth View Post
    Former President Barack Obama’s Waters of the United States (WOTUS) Rule abridged state sovereignty and constituted a federal grab of natural resources on an unprecedented scale when it was issued in 2015, but it may be no more following a federal judge’s ruling.
    U.S. District Judge Lisa Godbey Wood granted a substantial victory to the 10 states that challenged the rule in the courts. Godbey claimed that the rule violated the Administrative Procedure Act and the Clean Water Act and was therefore unconstitutional.
    “The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion,” Wood wrote.

    Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.


    “Most importantly, that significant increase in jurisdiction takes land and water falling traditionally under the states’ authority and transfers them to federal authority,” Wood wrote.
    “In light of this significant intrusion on traditional state authority, the CWA still contains the policy language of recognizing traditional state power in this area, and Congress has not made any clear or manifest statement to authorize intrusion into that traditional state power since Rapanos,” she added.


    The American Farm Bureau Federation (AFBF) is very pleased with the court ruling.
    “The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”
    Republican Senators have introduced a bill called the “Define WOTUS Act,” to take the power out of the hands of federal bureaucrats by defining the term through legislation.

    More at: https://bigleaguepolitics.com/obamas...by-the-courts/
    I think I remember this, I use to have insurance with the farm bureau in my state, they wrote about this in their magazine.

    The Federal Gov wanted to be able to control you and tell you what to do if you had any waterways on your property, and that meant that if you even had a big puddle on your land that stayed wet long enough they could tell you what to do with it, and what not to do with it, including the dry land around the wet stuff, which would lead to all kinds of other regulations, too.
    If the stampman tells you to kiss his ass, shall he get away with it and live? Don't let your courage cool, or a few bullies scare you. We've nothing to fear but slavery. Love your liberty, and fight for it like men who know its value. Once lost it will never, never be regained.
    -Hugh Ledlie, 1774.

  5. #4
    Quote Originally Posted by Mach View Post
    I think I remember this, I use to have insurance with the farm bureau in my state, they wrote about this in their magazine.

    The Federal Gov wanted to be able to control you and tell you what to do if you had any waterways on your property, and that meant that if you even had a big puddle on your land that stayed wet long enough they could tell you what to do with it, and what not to do with it, including the dry land around the wet stuff, which would lead to all kinds of other regulations, too.
    Yes, it was the biggest land grab in the history of the US.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  6. #5
    ''Congress has not made any clear or manifest statement to authorize intrusion into that traditional state power since Rapanos,” she added''
    Congress does not have the authority to delegate legislative powers to another branch of Government,
    Congress having made a 'manifest or statement' of authorization, would not have changed that fact.

  7. #6

    Court strikes down Obama’s sweeping land grab as unconstitutional

    Obama-era “Waters of the United States” Orwellian EPA tyranny finally ruled unconstitutional



    Private property rights were challenged time and time again during the Obama Administration. The Obama Administration used both the Bureau of Land Management (BLM) and the Environmental Protection Agency (EPA) as weapons to steal property from individuals and to convert state land over to the ownership of an all-powerful federal government. Many would argue that this plot was influenced by the United Nation’s (U.N.) Agenda 21, which was sold under the guise of “sustainable development” of natural resources – an idea that Obama sympathized with.

    As law and order is restored under the Trump Administration and as state sovereignty is respected again, judges are declaring these land grabbing, Obama-era rules unconstitutional while restoring the private property rights of individuals and returning land back to the states.

    Court strikes down Obama’s sweeping land grab as unconstitutional
    Under Obama, the EPA adopted the “waters of the United States” (WOTUS) rule to violate state sovereignty. The rule allowed the federal government jurisdiction over all property that is adjacent to any body of water. By the end of the torrid Obama administration, ten states had begun to challenge Obama’s land grab maneuver. U.S. District Judge Lisa Godbey Wood has ruled that Obama arrogantly disregarded the constitutional balance of powers between the states and the federal government.

    Wood wrote, “The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion.”

    “Most importantly,” Wood states, “that significant increase in jurisdiction takes land and water falling traditionally under the states’ authority and transfers them to federal authority.”

    She adds, “In light of this significant intrusion on traditional state authority, the CWA still contains the policy language of recognizing traditional state power in this area, and Congress has not made any clear or manifest statement to authorize intrusion into that traditional state power since Rapanos.”

    The American Farm Bureau Federation (AFBF) was excited about the new ruling. “The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”

    more at.. https://www.newstarget.com/2019-09-0...itutional.html
    "The Patriarch"

  8. #7
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  9. #8
    Ah, I'll report it and get it merged.
    "The Patriarch"



  10. Remove this section of ads by registering.
  11. #9
    Nice to see a court actually do the right thing.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  12. #10
    I wonder how this might help Cliven and the Bundy family? What other overreaches has the federal government (EPA) made, that are unconstitutional?

    Gulag Chief:
    "Article 58-1a, twenty five years... What did you get it for?"
    Gulag Prisoner: "For nothing at all."
    Gulag Chief: "You're lying... The sentence for nothing at all is 10 years"



  13. #11
    Wheeler and R.D. James, assistant secretary of the Army for civil works, signed a document overturning the rule and temporarily restoring an earlier regulatory system that emerged after a 2006 ruling from a sharply divided Supreme Court.
    The agencies plan to adopt a new rule by the end of the year that is expected to define protected waterways more narrowly than the Obama policy.
    The Clean Water Act requires landowners to obtain federal permits before developing or polluting navigable waterways such as rivers and lakes. But disputes have long persisted over what other waters are subject to regulation — particularly wetlands that don't have a direct connection to those larger waters, plus small headwater streams and channels that flow only during and after rainfall.


    Wheeler said regulators had gone far beyond the intent of Congress under the 1972 clean water law.
    "The 2015 rule meant that more businesses and landowners across the U.S. would need to obtain a federal permit to exercise control over their own property, a process that can cost tens of thousands of dollars and take months or even years to complete," he said. "It also put more local land-use decisions in the hands of unelected bureaucrats. Many Americans balked at this idea, and rightfully so."
    President Donald Trump had ordered the EPA and Army Corps to develop a replacement policy that has a more restrictive definition of protected wetlands and streams.


    Zippy Duvall, president of the American Farm Bureau Federation, said the 2015 rule had generated a greater sense of urgency among its membership than any other issue.
    "When you take the private property rights from a man that's worked all his life ... to grow the food and fiber for all of us to sit down and enjoy three times a day, it's something he just can't stand," Duvall said.

    Sen. John Barrasso, a Wyoming Republican and chairman of the Senate Committee on Environment and Public Works, applauded the Trump administration move, saying the Obama rule "would have put backyard ponds, puddles and prairie potholes under Washington's control."

    More at: https://news.yahoo.com/trump-adminis...jtc_news_index
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  14. #12
    Quote Originally Posted by Swordsmyth View Post
    Wheeler and R.D. James, assistant secretary of the Army for civil works, signed a document overturning the rule and temporarily restoring an earlier regulatory system that emerged after a 2006 ruling from a sharply divided Supreme Court.
    The agencies plan to adopt a new rule by the end of the year that is expected to define protected waterways more narrowly than the Obama policy.
    The Clean Water Act requires landowners to obtain federal permits before developing or polluting navigable waterways such as rivers and lakes. But disputes have long persisted over what other waters are subject to regulation — particularly wetlands that don't have a direct connection to those larger waters, plus small headwater streams and channels that flow only during and after rainfall.


    Wheeler said regulators had gone far beyond the intent of Congress under the 1972 clean water law.
    "The 2015 rule meant that more businesses and landowners across the U.S. would need to obtain a federal permit to exercise control over their own property, a process that can cost tens of thousands of dollars and take months or even years to complete," he said. "It also put more local land-use decisions in the hands of unelected bureaucrats. Many Americans balked at this idea, and rightfully so."
    President Donald Trump had ordered the EPA and Army Corps to develop a replacement policy that has a more restrictive definition of protected wetlands and streams.


    Zippy Duvall, president of the American Farm Bureau Federation, said the 2015 rule had generated a greater sense of urgency among its membership than any other issue.
    "When you take the private property rights from a man that's worked all his life ... to grow the food and fiber for all of us to sit down and enjoy three times a day, it's something he just can't stand," Duvall said.

    Sen. John Barrasso, a Wyoming Republican and chairman of the Senate Committee on Environment and Public Works, applauded the Trump administration move, saying the Obama rule "would have put backyard ponds, puddles and prairie potholes under Washington's control."

    More at: https://news.yahoo.com/trump-adminis...jtc_news_index
    Good to see Zippy on the right side .
    Do something Danke

  15. #13
    Quote Originally Posted by oyarde View Post
    Good to see Zippy on the right side .
    LOL I have to give you a + rep for that one uncle.

  16. #14
    Quote Originally Posted by oyarde View Post
    Good to see Zippy on the right side .
    LOL
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  17. #15
    '' ...to grow the food and fiber...'' Anyone get why he used this sentence?

  18. #16
    Liberal tears are an unathorized discharge into the waters of the United states.
    Truth forever on the scaffold, Wrong forever on the throne,--
    Yet that scaffold sways the future, and, behind the dim unknown,
    Standeth God within the shadow, keeping watch above his own.
    ‫‬‫‬



  19. Remove this section of ads by registering.


Similar Threads

  1. The idea of Constitution of the United States: Rule of Law, Economics, & Freedom
    By newbitech in forum Political Philosophy & Government Policy
    Replies: 2
    Last Post: 09-19-2011, 09:11 PM
  2. Obama, CEO of the United States.
    By 123tim in forum Economy & Markets
    Replies: 3
    Last Post: 06-23-2009, 09:00 PM
  3. Obama has been declared next President of United States
    By Liberty Star in forum Election 2008
    Replies: 47
    Last Post: 11-04-2008, 11:31 PM
  4. Obama - United States has 57 (+2?) States? WTF?!??!?
    By DamianTV in forum Bad Media Reporting on Ron Paul
    Replies: 6
    Last Post: 07-17-2008, 03:47 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •