Proposed Water Rule Could Put ‘Property Rights of Every American Entirely at the Mercy’ of EPA

Daily Signal ^ | November 12, 2014 | Ron Arnold

[george76]

It seems incredible, but a single missing word could turn a water law into a government land grab so horrendous even a U.S. Supreme Court justice warned it would “put the property rights of every American entirely at the mercy of Environmental Protection Agency employees.”

The missing word is “navigable.” The Obama administration is proposing a rule titled “Definition of ‘Waters of the United States’ Under the Clean Water Act,” which would strike “navigable” from American water law and redefine any piece of land that is wet at least part of the year, no matter how remote or isolated it may be from truly navigable waters, as “waters of the United States,” or WOTUS.

The proposed rule would provide EPA and the Corps of Engineers (as well as litigious environmental groups) with the power to dictate the land-use decisions of homeowners, small businesses and local communities throughout the United States. There would be virtually no limit to the federal government’s authority over private property.

...

If the farmer fills in low spots or the homeowner builds a child’s playhouse by the pond, or

...

In September, the House passed bipartisan legislation, H.R. 5078, that prohibits the EPA and Corps from finalizing the WOTUS rule. A companion bill is stalled in the Senate.

With the coal industry overpowered, Obama’s rogue administration looks to have declared war on the rest of us.

[Scrambler Bob]

Look up “rainwater harvesting”

Oregon has oppressive regulations:

http://cnsnews.com/news/article/oregon-man-sentenced-30-days-jail-collecting-rainwater-his-property

[seowulf]

So I can pour a cup of water on someone’s property and therefore expose him to EPA rule?

At my workplace I cannot pour the dregs in my coffee cup on the ground. That would be an unpermitted discharge to the environment.

[itsahoot]

If this is allowed the govt will be able to come into your yard and regulate your fish pond.

If? They already do this, just not to you, yet.

[FreedomPoster]

I throw out a small drawerful of spent espresso pucks into some bushes at the end of my driveway every week or so. I’m sure this would horrify some EPA bureaucrat somewhere.

[Age of Reason]

This is just another consequence of what I've been warning everyone here for years: The bigger the population, the less freedom you will have.

In this case, we have so many people that the environment can no longer take care of itself, but instead needs to be protected by government.

Of course, this is all fine with the people at the top.

Doubtless they envision a time when ownership of single family homes will be purposely taxed and legislated out of existence, forcing people to live together in urban high-rise human anthills.

Because that would be the most efficient way to use energy, while at the same time freeing up the land to use for factory farming to feed the teeming hoards and to maximize watershed.

It's all coming--it may not be consciously planned by anyone, but it will be the ineluctable result of population growth.

And once everyone is herded into cities, a great many additional laws will be needed to maintain order: where or if you can smoke, barbeque, play loud music, ride a bicycle or even go jogging; and perhaps even when you would be allowed to shower--in much the same way that there are now laws governing when you can water your lawn--all these infringements to liberty will happen one small step at a time, until our current freedoms are a distant memory and you will wonder what happened, just as those who were alive to experience the 1950s are now wondering what happened.

[ctdonath2]

One word: rain.

[Scrambler Bob]

That would be an unpermitted discharge to the environment. —

Interesting.

How about spitting on the ground?
Breathing out carbon dioxide?
Radiating body heat to cooler earth-bound objects?
Speaking the truth to bo?

Excuse me while I go puke. Oops! Got to get the “Puking Permit”

[familyop]

Remote, sparsely populated counties run by rich bureaucrats started doing that without federal assistance long ago. It brings them big cash flow.

[Eva]

In our county, in WA, the green groups made a deal with BP that if they paid for Storm water work, which would connect storm water ditches and ponds to a stream that once upon a time, was a glacial stream that dumped into the bay, they would exempt BP from oversight, along with the the land on which they want to build a coal terminal.

In this case, the Republicans joined the Stormwater regulators, against the property owners.

[Personal Responsibility]

Given how power hungry they are, cant you envision the EPA considering any amount of water a puddle or stream? I can.

[TEXOKIE]

bttt thanks!

[Alamo-Girl]

Thanks for the ping!

[Clump]

This rule shows that they have no basic understanding of the law and what the SCOTUS has said about it.
The “navigable” part is what gives Congress the authority make the law to begin with.
These ass clowns will be shot down by SCOTUS yet again.

[Smokin' Joe]

The EPA should be terminated with all its rules. Its employees and responsibilities should not be folded into other agencies, most of which should also be terminated.

Precisely.

[Carry_Okie]

Even the term "navigable" has been stretched beyond recognition to include kayakers on whitewater rivers. The whole point in the Constitution was to promote interstate commerce as a free trade zone. Navigable in that sense was constrained to those streams capable of carrying goods.

From FindLaw:

The admiralty and maritime jurisdiction of the federal courts had its origins in the jurisdiction vested in the courts of the Admiral of the English Navy. Prior to independence, vice-admiralty courts were created in the Colonies by commissions from the English High Court of Admiralty. After independence, the States established admiralty courts, from which at a later date appeals could be taken to a court of appeals set up by Congress under the Articles of Confederation. 744 Since one of the objectives of the Philadelphia Convention was the promotion of commerce through removal of obstacles occasioned by the diverse local rules of the States, it was only logical that it should contribute to the development of a uniform body of maritime law by establishing a system of federal courts and granting to these tribunals jurisdiction over admiralty and maritime cases. 745

The Constitution uses the terms ''admiralty and maritime jurisdiction'' without defining them. Though closely related, the words are not synonyms. In England the word ''maritime'' referred to the cases arising upon the high seas, whereas ''admiralty'' meant primarily cases of a local nature involving police regulations of shipping, harbors, fishing, and the like. A long struggle between the admiralty and common law courts had, however, in the course of time resulted in a considerable curtailment of English admiralty jurisdiction. A much broader conception of admiralty and maritime jurisdiction existed in the United States at the time of the framing of the Constitution than in the Mother Country. 746 At the very beginning of government under the Constitution, Congress conferred on the federal district courts exclusive original cognizance ''of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; . . .'' 747 This broad legislative interpretation of admiralty and maritime jurisdiction soon won the approval of the federal circuit courts, which ruled that the extent of admiralty and maritime jurisdiction was not to be determined by English law but by the principles of maritime law as respected by maritime courts of all nations and adopted by most, if not by all, of them on the continent of Europe. 748

Anything smaller is under the jurisdiction of the States.

[Veto!]

Bump to read later

[OneWingedShark]

The EPA should be terminated with all its rules.

Moreover, its employees should be prosecuted for their multiple felonies.

[OneWingedShark]

CWII Spark — They’re trying to set things up to take your land, and your water, making you wholly dependent on their goodwill.

[TEXOKIE]

Bumping this thread again because of the following coming down the pike at us. They are after controlling ALL COMPONENTS OF LIFE INCLUDING THE WATER WE DRINK!
Note that the Arabs are meeting this week on Jan 11-15 2015. For those of you who like to put current events in their prayers, this is a good one to put on the list, imho!

My apologies to any who I pinged who may no longer be on the a21 list.

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