Judge blocks Obama EPA rule as federal power grab over state waters

The Washington Times ^ | August 27, 2015 | James MacPherson - Associated Press

[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 wasn’t immediately clear if the injunction applied to states other than the 13 led by North Dakota.”

[skeeter]

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.

[george76]

Trying to kill freedom and the economy with his pen & phone.

Silence from the RINO Congress.

[Jacquerie]

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.

[jazusamo]

Well said.

[Diana in Wisconsin]

I'll just leave this here...

[hadaclueonce]

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.

[jazusamo]

Right on, Diana!

[jazusamo]

Bump.

[jazusamo]

Please bump the Freepathon or click above to donate or become a monthly donor!

[PGalt]

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

[Cheerio]

Silence from the RINO Congress.

GOP Tombstone

[griswold3]

Hallelujah! Something going in the right direction for once.

[jazusamo]

Amen...There’s at least some who “get it.”

[WENDLE]

Why have we not impeached this worthless ba$tard?

[Rusty0604]

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

[greeneyes]

YaHoo! Missouri is one of the 13.

[matt04]

Thos eeeevil miners polluting the rivers, oh wait....

[b4its2late]

It takes a judge to stop Obama’s lawlessness but the cowards in Congress won’t.

[Norm Lenhart]

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.