Free Republic

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...

The public's rights to someone's private property, Eminent Domain and California beaches Before surfers and friends celebrate their victory over venture capitalist Vinod Khosla regarding access to Martin’s Beach through his land, they would do well to consider the following: now that the Governor has chimed in, threatening the use of eminent domain, what we have is the State controlling and/or taking someone’s private property. Recall that the function of our government is to protect our freedom, lives and property. So the government should have stood firmly behind Vinod Khosla and his right to use and control his own property...

Public Enemy No. 1 for rural Utah sheriffs just happens to be a fellow peace officer: Dan Love, the Bureau of Land Management’s special agent in charge. Elected law enforcement officers from Nephi to Blanding call him an arrogant and dishonest bully who has little regard for local authority and dodges accountability, derailing a collaborative approach to police work on the state’s federal lands. Love reportedly just laughed when Garfield County Sheriff James "Danny" Perkins relayed ranchers’ complaints about federal officers removing plastic feed tubs from the range and threatening the ranchers with litter citations. He drew early controversy during...

Two Utah congressmen say the public needs more time to weigh in on a "sweeping" proposal to designate more than a half-million acres as critical habitat for the Western yellow-billed cuckoo. Republican Reps. Jason Chaffetz and Chris Stewart are among 17 members of Congress who urged U.S. Fish and Wildlife Service Director Dan Ashe to extend the comment period on the designation beyond Oct. 14. "While we oppose this listing proposal, we find it completely unacceptable that the (agency) has proposed only 60 days of public comment with no public hearings, effectively shutting out meaningful comment on a sweeping critical...

EPA would regulate most Md waters . A new rule proposal by the U.S. Environmental Protection Agency ... The proposed Waters of the United States rule, which would give the EPA jurisdiction over millions of miles of streams across the United States under the Clean Water Act, has generated bipartisan backlash in both chambers of Congress. A letter to the EPA from Democratic and Republican House members stated, “Although your agencies have maintained that the rule is narrow and clarifies CWA jurisdiction, it in face aggressively expands federal authority under the CWA while bypassing Congress and creating unnecessary ambiguity.” The...

Chris Sourovelis has never had any trouble with the law or been accused of any crime. But that hasn’t stopped the City of Philadelphia from trying to take his home. The Sourouvelis family, along with thousands of others in Philadelphia, is living a Kafkaesque nightmare: Their property is considered guilty; they must prove their innocence and the very prosecutors they’re fighting can profit from their misery. Now the Institute for Justice has filed a major class-action lawsuit to end these abuses of power. Back in March, Chris’s son was caught selling $40 worth of drugs outside of the home. With...

More than a half-million acres of land across nine Western states is being proposed for designation as critical habitat for the yellow-billed cuckoo. According to the U.S. Fish and Wildlife Service, 546,335 acres of critical habitat is up for listing in 80 separate units in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah and Wyoming. The bird is a neotropical migrant that winters in South America and nests along rivers and streams in western North America. ... The Service is seeking information concerning the western yellow-billed cuckoo’s biology and habitat, threats to the species and current efforts to protect...

America’s wealth is concentrating in fewer hands, and while the rich are getting super rich, the once vital middle class is nearing extinction. [SNIP] But today, after decades of expanding property ownership, the middle orders—what might be seen as the inheritors of Jefferson’s yeoman class—now appear in a secular retreat. Homeownership, which peaked in 2002 at nearly 70 percent, has dropped, according to the U.S. Census, to 65 percent in 2013, the lowest in almost two decade. Although some of this may be seen as a correction for the abuses of the housing bubble, rising costs, stagnant incomes and a...

Gary Harrington, the Oregon man convicted of collecting rainwater and snow runoff on his rural property, went to jail today. ... Gary Harrington will be serving in jail until September 2014 for collecting rainwater. ... “I’m sacrificing my liberty so we can stand up as a country and stand for our liberty,” Harrington told a small crowd of people gathered outside of the Jackson County (Ore.) Jail.

Wildlife advocates want a federal judge to order faster action on a recovery plan for imperiled Canada lynx. ... Officials also say that lynx face a relatively low degree of threat compared to other protected species. The Fish and Wildlife Service was forced to come up with a timeline on the recovery document when Molloy last month expressed frustration with the government's progress. The judge said the "stutter-step" approach by federal officials necessitated court intervention. The lawsuit pending before Molloy was brought by Friends of the Wild Swan, Rocky Mountain Wild, Biodiversity Conservation Alliance and the San Juan Citizens Alliance....

Another New Mexico county has joined a lawsuit to fight the listing of the lesser prairie chicken as a threatened species. Lea County in southeastern New Mexico joined three other counties in the state last week in a federal lawsuit against the U.S. Department of Interior and U.S. Fish and Wildlife Service ... U.S. Rep., Steve Pearce, R-N.M., .. The Fish and Wildlife Service’s decision to cater to environmental groups and disregard science will devastate New Mexico’s way of life,” he said. “New Mexicans will pay the price in lost jobs, industry, ranching and oil and gas production.”

I've seen a lot of crazy things at a lot of golf tournaments but I'm not sure if I've ever seen this. A man at the 2014 US Open who was driving NBC's Roger Maltbie around the course got a DWI on Saturday for driving the course under the influence of alcohol. According to GolfWeek the story was as bizarre as it sounds. "The officer was upset because, according to him, the driver ran over his foot when leaving the tee area. The cop then chased the cart on a sandy surface just outside the gallery ropes while yelling, 'Stop!...

The Commerce Department reports that first quarter GDP contracted by one percent. The Wall Street Journal notes that a contraction of GDP during a time not in recession is rare. So we continue in the slowest economic recovery since the end of World War II, with unemployment, in the 6th year of the Obama regime, at 6.3 percent, still well above its historic average. According to a recent Gallup poll, the economy is the number issue on the minds of Americans. Ninety one percent of Republicans and 87 percent of Democrats say it is the most important issue facing the...

There are lots of entrepreneurs who would love to fly drones — tiny unmanned aircraft — all over the country. They dream of drones delivering packages and taking photos, but there's a battle in the courts right now standing in their way. The battle is about whether it's legal for drones to take to the sky. The question at the core of the battle: Who owns the air? It's a question that goes back to the Middle Ages, to a Latin phrase that translates to "he owns the soil owns up to the heavens." In England, this phrase was the...

The Small Business Committee, under the chairmanship of Rep. Sam Graves (R-MO), today conducted a hearing about how small businesses would be affected by the Environmental Protection Agency's (EPA) and United States Army Corps of Engineers' proposed rule to expand the Clean Water Act. Last week, Graves and Members of the Committee wrote to EPA Administrator Gina McCarthy and Assistant Secretary of the Army Jo-Ellen Darcy, who oversees the U.S. Army Corps of Engineers, to urge withdrawal of the pending rule. Among the witnesses' and Members' concerns, the EPA and Corps of Engineers did not adequately assess the impact of...

Members of the Small Business Committee in the House of Representatives urged the Environmental Protection Agency to go back to the drawing board on a proposed rule aimed at clarifying bodies of water that fall under the Clean Water Act. In March, the EPA and the U.S. Army Corps of Engineers proposed a rule to define what “waters of the United States” fall under federal jurisdiction. The rule would include smaller bodies of water including streams, riverbanks, wetlands and floodplains that may have access to larger bodies of water. Republican lawmakers have opposed the rule since its inception, saying the...

Donald Sterling told friend in recorded conversation that 'I've done nothing wrong' and that in America 'you can't force somebody to sell property He claimed his lawyers have told him that it would take '20 years of litigation' to force him to sell the team Sterling said the $2.5m fine imposed on him by the NBA is 'far excessive' He said: ‘$2.5m for what? For telling a girl I wanted to have sex with her and why it would be so beneficial for her?’ Sterling called his mistress Stiviano 'nuts' and fears that she will 'take me down' Hit out...

The American coal industry is accusing the Obama administration of using the Environmental Protection Agency to end the use of coal despite the president's claim of having an "all of the above" energy policy. ... the EPA's MATS rules, which go into effect in January 2016, will devastate coal production in America and .. about 60 gigawatts of coal-fired generation coming off-line .. One of Monseu’s issues is the way she said the administration is targeting coal, which currently fuels around 40 percent of the electricity produced in the U.S. "Increasingly we face a situation where policy is dictated not...

(VIDEO-AT-LINK)On Tuesday, the National Basketball Association released its Constitution and By-laws – and the release of the text demonstrates clearly that despite media reports, Los Angeles Clippers owner Donald Sterling cannot be voted out of ownership of his team by colleagues for his racist statements. Yesterday, NBA commissioner Adam Silver fined Sterling $2.5 million and suspended him for life from the league. He certainly has that power under the Constitution and By-laws. Under Article 24(l), the commissioner has the power to do that which is in his best judgment with regard to remedies not covered by the Constitution or By-laws:...

The Western Shoshone have been litigating the rights to their homeland since at least 1951 ... Raymond Yowell's land, from which BLM seized his cattle, is within the ancestral territories of the Western Shoshone Nation recognized in the 1863 Treaty of Peace and Friendship signed at Ruby Valley . The Western Shoshone have never ceded or relinquished their fundamental indigenous relationship to these territories. They continue to hunt, fish, gather, graze, and live on the lands in accordance with laws and instructions given to them by the Ah-Peh (Father). In 1995, Mr. Yowell was Chief of the Western Shoshone National...