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Federal judge blocks EPA’s new water regulation

August 28, 2015

 The EPA was set to enact a new water regulation which many people believe would grant the agency power to regulate puddles and small streams on private property but last night a Federal judge, Ralph Erickson, issued a temporary injunction ordering the EPA to put a halt to the implementation of this rule while an ongoing lawsuit is decided.

  Here is more: 

President Obama’s push to extend the EPA’s regulatory hand to ditches and small streams to enforce clean water rules was blocked Thursday by a federal judge, who said the administration had overstepped its bounds in trying yet another end run around Congress.

Judge Ralph R. Erickson called the Environmental Protection Agency’s attempt “inexplicable, arbitrary and devoid of a reasoned process,” and issued an injunction preventing the EPA and the U.S. Army Corps of Engineers from claiming oversight of millions of acres of land that contain small bodies of water.

Judge Erickson, who sits in federal district court in North Dakota, said he’d looked at all the evidence he could, and couldn’t see how the EPAjustified the 4,000-foot standard.

“The rule asserts jurisdiction over waters that are remote and intermittent waters. No evidence actually points to how these intermittent and remote wetlands have any nexus to a navigable-in-fact water,” he wrote.

He said the change in definition was big enough that the administration should have gone through a full public notice and comment period.

  He also ruled that it appeared as if the EPA overstepped its bounds:

Judge Ralph Erickson said in the injunction “the states are likely to succeed on their claim because (1) it appears likely that the EPA has violated its Congressional grant of authority in its promulgation of the Rule at issue and (2) it appears likely the EPA failed to comply with [Administrative Procedure Act] requirements when promulgating the Rule.”

  The new rule was set to go into place this morning and the EPA has said it will honor the court injunction…but only in the 13 states which were suing in the first place, meaning this abuse of power will be the law in the other 37 states. It seems to me that a Federal abuse of power is several states is a Federal abuse of power in all states and therefor the EPA should be ordered to stop implementing this regulation PERIOD until the litigation is adjudicated.

  It is beginning to look as though that accidental EPA Animas River spill and contamination in Colorado was exceptionally well timed, does it not?

Malo periculosam libertatem quam quietum servitium

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32 Comments leave one →
  1. August 28, 2015 7:00 am

    Reblogged this on Brittius.

    Liked by 1 person

    • August 28, 2015 7:03 am

      Thanks again.

      Like

      • August 28, 2015 7:05 am

        You’re welcome.

        Liked by 1 person

  2. August 28, 2015 7:33 am

    Agghhhhhh!! So frustrating! The EPA has no authority to write laws! Why is Congress so freakin’ stupid???

    States shouldn’t be suing, they should just be nullifying!!! Congress should be stepping up and reining in the EPA!

    WTH is wrong with the idiots who were elected to obey the Constitution????

    Sorry…feeling very ‘no hopey’ and ‘nothing will ever change’ this morning. 🙂

    Liked by 3 people

    • August 28, 2015 12:12 pm

      You mean change for ‘our good’ Laura! and not just their own private success agenda! Sick perverts (literally) and rewriters of the Law to fit their own dark plans. Seems like Congress is just window dressing for us and a Congress for the Corps/elitist.

      Liked by 3 people

      • lou222 permalink
        August 28, 2015 1:52 pm

        Zip, you would be surprised how many people I talk to think the government has our best interest at heart….haha! I just shake my head at them, because I would never be able to convince them otherwise!

        Liked by 3 people

      • August 28, 2015 3:05 pm

        You’re right Lou. They wouldn’t listen to you. Instead they’re more likely to ‘report’ you as a ‘terrorist’ and a disturbance to the ‘greater FORWARD’ movement Agenda to Rainbows, Happiness, World Peace and fulfillment of their Dreams!

        Liked by 3 people

      • August 28, 2015 6:21 pm

        Lou and Zip, there are too many people who still ask the question “what can the government do for me?” And of course they are getting government benefits which they are unwilling to give up because they feel the government owes them something. What an uphill battle we face!

        Liked by 2 people

      • August 28, 2015 7:19 pm

        Agree Steve. They’ve been ‘programmed’ to think that way and that’s part of the NWO Agenda and problem!

        Liked by 1 person

      • August 29, 2015 8:20 am

        Exactly, that is what the school system is all about!

        Liked by 1 person

    • lou222 permalink
      August 28, 2015 1:50 pm

      Laura, I do not think there are very many people that even know what nullification means! How can you expect them to know if what the EPA is doing is right or wrong when this Administration is writing whatever laws they see fit and are getting away with it? I think there are just alot of misinformed or under educated Americans that better get on the ball and get out some books and READ!

      Liked by 2 people

      • August 28, 2015 6:23 pm

        Lou, as soon as someone mentions nullification they are attacked as racist by ignorant people who do not understand the Founders intent. They just play on the emotions of the Civil War in an attempt to invalidate the legitimate right of nullification.

        Liked by 1 person

    • August 28, 2015 4:06 pm

      Do you all get the feeling that Congress is allowing a Law Free-For-All lately? Instead of them being hell-bent on holding folks, like the EPA, to the letter of the law they are pushing the constitution aside and allowing folks, like the EPA, to step in and handle it themselves. I simply don’t get it.

      Liked by 2 people

      • August 28, 2015 6:24 pm

        Lorra, I think on many issues the members of the Congress are too cowardly to act and that is why they have abdicated responsibility to these extra-governmental agencies.

        Liked by 1 person

      • August 28, 2015 6:54 pm

        I believe that to be true as well. And they wonder why their is chaos and chit hitting the fan left and right. No one knows what anyone is doing … Like a very funny friend of mine always used to tell me, “They are missing and I must find them…FOR I AM THEIR LEADER!” That’s how I feel about our leadership these days.

        Liked by 2 people

      • August 29, 2015 8:23 am

        Yeah, what they don’t seem to realize is that if they hadn’t given away the power in the first place we wouldn’t be in this position. Nobody is talking about getting rid of these agencies but that is what needs to be done in many cases.

        Liked by 1 person

    • August 28, 2015 6:19 pm

      Laura, I am afraid there are precious few of our elected officials who actually understand the Constitution and that is why they are not defending it. Of course this also reflects on the voters who are willing to send Constitutionally illiterate people to Washington.

      Liked by 2 people

      • lou222 permalink
        August 28, 2015 7:47 pm

        Wouldn’t it be nice if those going into politics had to pass a test on the Constitution BEFORE they could run? We see them passing bills they have not read and do not know if those bills are constitutional or not. Their excuse is they do not have TIME to read the bills….if they do not, then what the hell are they doing there? Isn’t that what we are paying them for, to look out for OUR best interest and not someone that pays them under the table? Don’t they have “staffers” that are supposed to do alot of the leg work for them, so why do they NOT have time to vote knowing exactly what they are voting for or against?

        Liked by 1 person

      • August 29, 2015 8:25 am

        Now that is a wonderful idea, I wonder how many of them could pass it right now. Maybe if they stopped writing 2,000 page bills they would actually have time to read what they are voting on. What a novel idea! 😉

        Like

    • lou222 permalink
      August 28, 2015 7:42 pm

      Steve, I think I heard on the news that 37 or 38 states have welfare benefits that are more than if someone was working now….that is a big number of states! So, my question to you is, why would anyone get out and work when they can get as much or more in the way of benefits by sitting at home and having the whole day to waste? Unless they have pride, I can see this happening and they would not be ashamed to do it.

      Liked by 1 person

      • August 29, 2015 8:27 am

        Well, pride would be the only answer however it is obvious most of them have no pride. They have been bought and paid for and they have no shame.

        Liked by 1 person

  3. josiahe permalink
    August 28, 2015 9:52 am

    Water is to be the new liquid gold? I published this, even though the URL I got it from was questionable. https://josiahe.wordpress.com/2015/08/13/a-new-type-of-liquid-gold/

    Liked by 2 people

    • August 28, 2015 12:21 pm

      These ‘leaders’ purport themselves to be our friends but they turn out to be our ‘foe’. Remember Bush Jr. saying, ‘Either you’re with us or against us.’? That’s very similar to Jarrett’s comment, ‘payback time.’ We’re either on their filthy side or we’re terrorist. His ‘faith’ is in the ‘god of this world system’ not the Creator God. Big Difference! $$$ god. And some people ‘still’ don’t see that! They still think highly of him because he went biking w/ some Vets and convinced them ‘he cared’ about them – all the while sending them out to finish a war daddy Bush started, and bring about their desired outcome (using the pawns in the military). This water deal should make some at least begin to wonder! Control the water, food, air and ‘space’ and you have total control – so they think. One day it’s going to come back around and bit them … Good!

      Liked by 1 person

      • lou222 permalink
        August 28, 2015 1:54 pm

        Problem is, as tantalizing as that sounds to have them bitten in the butt, it seems we will be recipients of that said SAME bite!

        Liked by 2 people

      • August 28, 2015 3:08 pm

        In the physical realm yes, we reap what they sow. BUT I meant it in the Grander Scheme of it all Lou. Putting a lighter perspective on it as a whole!

        Liked by 2 people

      • lou222 permalink
        August 28, 2015 3:47 pm

        Figuratively instead of literally? Ok, then! I kind of liked the sound of them being bitten in the butt! Serves them right for all the crap they have put us thru, you know?

        Liked by 2 people

    • August 28, 2015 6:27 pm

      That is a great article, thanks for sharing!

      Like

      • August 28, 2015 7:20 pm

        Glad to see this Judge ruled rightly! That’s a PLUS!

        Liked by 2 people

      • lou222 permalink
        August 28, 2015 7:50 pm

        Another Judge that needs to watch his back!

        Liked by 1 person

      • August 29, 2015 8:28 am

        You have that right Lou!

        Liked by 1 person

Trackbacks

  1. A NEW TYPE OF LIQUID GOLD | Josiahe’s Blog
  2. The Government Accountability Office finds the Epa violated propaganda law in promoting the Clean Water Act | America's Watchtower

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