Posted on 08/28/2019 10:44:43 AM PDT by BeauBo
U.S. District Judge Lisa Godbey Wood has handed a victory to the state of Georgia and nine other states that sued the federal government (and to the rest of the nation) by declaring that the WOTUS Rule is unlawful.
Wood stated that the rule, which was intended to provide better protection of the nation’s water, violated the Clean Water Act and the Administrative Procedure Act, and she remanded it back to the Environmental Protection Agency and the Army Corps of Engineers for further work.
She wrote that while the agencies have authority to interpret the phrase “waters of the United States,” that authority isn’t limitless...
Interestingly, U.S. Sen. Mike Braun (R-IN) and U.S. Sen. Joni Ernst (R-IA) recently introduced the “Define WOTUS Act,” which reasserts Congressional responsibility to define what the term, “Waters of the United States,” actually means.
“The Obama-era WOTUS rule threatened Iowa’s farmers, manufacturers, and small businesses by giving the federal government authority to regulate water on 97 percent of land in our state,” said U.S. Senator Joni Ernst.
“President Trump and his administration have taken tremendous steps to roll back this far-reaching regulation and provide for more certainty with a new, clearer definition of WOTUS. But it’s the job of Congress to make a new, reasonable definition permanent, and that’s what this bill does—it ensures more predictability and workability for Iowans for years to come.”
(Excerpt) Read more at legalinsurrection.com ...
This is the District Court level.
Leftists might take it through the Circuit to the Supreme Court, but the bureaucracy (or Congress) can re-write it in the mean time.
The ENTIRE Kenyanesian Usurpation was unlawful.
Whatever he could do to harm the United States, with his drooling fools cheering, he did.
She’s a George W. Bush judge.
My WOTUS rule:
If you can float a jon boat on it, it’s navigable................
Every time you had to take a leak...There probably would be 25 forms and 100-pages of restrictions to read and sign every time you needed approval to relieve yourself...
why can’t we build a pipeline to carry water where we got it, to places that need it...
Elections have impacts on lower courts as well as the Supreme Court!
I was gonna dispute your “rule”, but heeding your tag made more sense.
>>Leftists might take it through the Circuit to the Supreme Court, but the bureaucracy (or Congress) can re-write it in the mean time.
I’m not sure they’d have standing to appeal.. the litigants were the states vs the fedgov. The states won and a Trumpian fedgov would agree with the decision.
Elections have impacts on lower courts as well as the Supreme Court!
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Which is why Lindsey Graham and Mitch McConnell need to EXPEDITIOUSLY CONFIRM the Trump District Court Judge nominees that are currently pending in the Senate. And Trump needs to nominate candidates for District Judgeships that have not yet received a Trump nominee.
Believe it or not, there are currently MORE federal judicial vacancies than there were when Trump assumed office. This is INEXCUSABLE and Graham/McConnell need to speed confirmations up.
How many people? How much gear?
;-)
Awesome! Awesome! Awesome!
It used to mean if you could navigate to somewhere else on it.
I happen to live in the Ohio river valley (great lakes water shed), and we will not stand for our resources going to Los Vegas.This area was blessed with the largest fresh water source in the world, and the peoples of this region deserve all the blessings to come from that resource.
The way the law was worded even the EPA or any state or federal government entity could not do anything with the declared land either. Never mind private or commercial owners.
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