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Judge blocks Obama EPA rule as federal power grab over state waters
The Washington Times ^
| August 27, 2015
| James MacPherson - Associated Press
Posted on 08/27/2015 2:44:50 PM PDT by jazusamo
BISMARCK, N.D. A federal judge in North Dakota on Thursday blocked a new Obama administration rule that would give the federal government jurisdiction over some state waterways.
U.S. District Judge Ralph Erickson of North Dakota issued a temporary injunction against a the rule, which gives the U.S. Environmental Protection Agency and Army Corps of Engineers authority to protect some streams, tributaries and wetlands under the Clean Water Act.
The rule was scheduled to take effect Friday.
The risk of irreparable harm to the states is both imminent and likely, Judge Erickson said in blocking the rule from taking effect.
Thirteen states led by North Dakota asked Judge Erickson to suspend guidelines that they say are unnecessary and infringe on state sovereignty.
The federal government says the new rule clarifies ambiguity in the law and actually makes it easier for the states to manage some waterways. It wasnt immediately clear if the injunction applied to states other than the 13 led by North Dakota.
(Excerpt) Read more at washingtontimes.com ...
TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; US: Alaska; US: Arizona; US: Arkansas; US: Colorado; US: Idaho; US: Missouri; US: Montana; US: Nebraska; US: Nevada; US: New Mexico; US: North Dakota; US: South Dakota; US: Wyoming
KEYWORDS: alaska; antifracking; arizona; arkansas; cleanwateract; colorado; corpsofengineers; drought; energy; epa; epaoutofcontrol; erinbrockovich; fracking; globalwarminghoax; goldkingmine; idaho; injunction; judgeerickson; methane; missouri; montana; navajonation; nebraska; nevada; newmexico; northdakota; opec; petroleum; popefrancis; ralpherickson; romancatholicism; southdakota; statesrights; water; wateract; wyoming
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1
posted on
08/27/2015 2:44:50 PM PDT
by
jazusamo
To: jazusamo
I'm sure the Obama administration will respect this injunction about as much as it respected Judge Hanan's.
Rules are for us, not them.
2
posted on
08/27/2015 2:46:43 PM PDT
by
skeeter
To: jazusamo
Trying to kill freedom and the economy with his pen & phone.
Silence from the RINO Congress.
3
posted on
08/27/2015 2:48:40 PM PDT
by
george76
(Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
To: jazusamo
If the states were still represented in the Senate, I doubt we'd even have an EPA.
Experience has shown the judiciary is an imperfect institution at best to enforce the 10th Amendment.
4
posted on
08/27/2015 2:50:05 PM PDT
by
Jacquerie
( To shun Article V is to embrace tyranny.)
To: Jacquerie
5
posted on
08/27/2015 3:01:01 PM PDT
by
jazusamo
(0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
To: jazusamo
I'll just leave this here...
6
posted on
08/27/2015 3:02:07 PM PDT
by
Diana in Wisconsin
(I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
To: jazusamo
Arrest the contractor in Colorado who punched the hole in the gold mine..
Hold him with felony charges until he turns on the rats who set this up.
This is the biggest con job since Waco #1.
7
posted on
08/27/2015 3:02:56 PM PDT
by
hadaclueonce
(I thought Ethanol was the devil, now i find it is America is an Oligarchy)
To: Diana in Wisconsin
8
posted on
08/27/2015 3:05:33 PM PDT
by
jazusamo
(0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
To: hadaclueonce
9
posted on
08/27/2015 3:06:27 PM PDT
by
jazusamo
(0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
Please bump the Freepathon or click above to donate or become a monthly donor!
10
posted on
08/27/2015 3:23:34 PM PDT
by
jazusamo
(0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
To: Jacquerie; All
Experience has shown the judiciary is an imperfect institution at best to enforce the 10th Amendment.Great post in a great thread.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
/list of grievances
federalist/anti-federalist BUMP
11
posted on
08/27/2015 4:52:27 PM PDT
by
PGalt
To: george76
Silence from the RINO Congress.
GOP Tombstone
12
posted on
08/27/2015 6:50:00 PM PDT
by
Cheerio
(Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
To: jazusamo
Hallelujah! Something going in the right direction for once.
13
posted on
08/27/2015 7:36:55 PM PDT
by
griswold3
(Just another unlicensed nonconformist in am dangerous Liberal world.)
To: griswold3
Amen...There’s at least some who “get it.”
14
posted on
08/27/2015 7:51:42 PM PDT
by
jazusamo
(0bama to go 'full-Mussolini' after elections: Mark Levin....and the turkey has.)
To: jazusamo
Why have we not impeached this worthless ba$tard?
15
posted on
08/27/2015 8:04:33 PM PDT
by
WENDLE
(How did Hillary get Top Secret docs out of the Dedicated Secure Network facility?)
To: skeeter
But the Obama administration says it will largely enforce the regulation as planned, arguing that the Thursday decision only applies to the 13 states that requested the injunction.
Once the rule takes effect, the states will lose their sovereignty over intrastate waters that will then be subject to the scope of the Clean Water Act, Erickson wrote in his order.
While the exact amount of land that would be subject to the increase is hotly disputed, the agencies admit to an increase in control over those traditional state-regulated waters of between 2.84 to 4.65 percent. Immediately upon the rule taking effect, the rule will irreparably diminish the states power over their waters, he continued, calling the Obama administration’s interpretation of its jurisdiction “exceptionally expansive.”
http://thehill.com/policy/energy-environment/252140-judge-blocks-obamas-water-rule
To: jazusamo
YaHoo! Missouri is one of the 13.
17
posted on
08/27/2015 9:55:22 PM PDT
by
greeneyes
(Moderation in defense of your country is NO virtue. Le//t Freedom Ring.)
To: Diana in Wisconsin
Thos eeeevil miners polluting the rivers, oh wait....
18
posted on
08/27/2015 10:14:19 PM PDT
by
matt04
To: jazusamo
It takes a judge to stop Obama’s lawlessness but the cowards in Congress won’t.
19
posted on
08/28/2015 12:43:41 AM PDT
by
b4its2late
(A Liberal is a person who will give away everything he doesn't own.)
To: WENDLE
Dunno. Ask the people that voted with depraved indifference for liberal republicans who campaigned on working with him. I’d say the answer lies there.
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