Posted on 10/09/2015 2:03:49 PM PDT by SeekAndFind
A federal court ruled Friday that President Obama’s regulation to protect small waterways from pollution cannot be enforced nationwide.
In a 2-1 ruling, the Cincinnati-based Court of Appeals for the Sixth Circuit delivered a stinging defeat to Obama’s most ambitious effort to keep streams and wetlands clean, saying it looks likely that the rule, dubbed Waters of the United States, is illegal.
“We conclude that petitioners have demonstrated a substantial possibility of success on the merits of their claims,” the judges wrote in their decision, explaining that the Environmental Protection Agency’s (EPA) new guidelines for determining whether water is subject to federal control — based mostly on the water’s distance and connection to larger water bodies — is “at odds” with a key Supreme Court ruling. The judges said they have yet to decide whether they have jurisdiction to review the regulation, but a stay would make it easier to determine that.
“A stay allows for a more deliberate determination whether this exercise of executive power, enabled by Congress and explicated by the Supreme Court, is proper under the dictates of federal law,” the court said.
“A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new Rule and whether they will survive legal testing. A stay honors the policy of cooperative federalism that informs the Clean Water Act and must attend the shared responsibility for safeguarding the nation’s waters.”
The decision expands a stay that a North Dakota judge imposed in August, the day before the rule took effect, and that only applied to 13 states.
The EPA said it will respect the court’s decision, but it believes the rule is legal and necessary.
(Excerpt) Read more at thehill.com ...
Anyone who thinks clean water was Obama's goal with this act has been on the Hill too long.
“Streams clean”, you mean like the Animas River?
FReepers know it’s all about ‘Agenda 21’ from the U.N. operative 0bamba.
The Decision was 2-1 just like most decisions in the Supreme Court are 5-4.
This nation is hanging by a thread. All we need is for Hillary or Biden or sanders to be President and the thread will break.
Just another court decision that Ø will ignore.
We need to break free of the myth that we are bound by corrupt courts.
This nation is hanging by a thread.
Your concerns are well founded. Even in 2000, consider that the BSA only won their case to freely act as a private organization in prescribing membership requirements by a single vote. In other words, the Constitutional freedom of association/dissociation was allowed to hang by a thread, meaning it could have been nullified easily merely by luck of the draw.
A small victory. But the Empire will strike back. Count on it.
The goal is NOT "clean water," it's giving Democrat bureaucracies and politicians control of all land use... for a price.
The Sixth Circuit covers Michigan and Northern Ohio and therefore four of the Great Lakes and 19.5% of all the World’s fresh water.
Wouldn’t it be fair to say that, under the new rule, every time I hang my butt over a toilet my anus becomes a “navigable waterway” of the United States?
Yes. THe EPA can say that your affluent, evenin a septic system, can contaminate any groundwater, so you are in violation of numerous pollution laws. The community, even rural, will then be required to install a sewer system at tens or hundreds of millions, even though such contamination cannot be proved.
Happening right now down here.
I can only assume that the writers spew these sentences out without ever asking themselves if they are factual, accurate, biased, etc.
Sounds like every prison inmate..."I'm innocent"
I believe they spew them with clear intent to deceive.
Almost.
I’ve read about TPP a lot. Elements of it refer to ‘resources.’
America’s bled dry. Our Middle Class is almost gone. Now, they’re coming-in a corporatist mode for now-for the goodies, and voila: TPP.
And those "resources" would be where? On land. How does one gain access? Via permits.
Voila: government control of land use, as I said.
That gambit has been in process since Nixon went for the NEPA, CWA, ESA, & CAA after the collapse of Brettonwoods, to socialize the mineral estate as collateral for the debt. They just needed a pretext to move it east of the Mississippi. Yet the reality is that the bondholders call those shots at the auction window, and it is delivered via preferential bureaucratic treatment. Therefore, they need the control of the assets with which to deliver said "access to resources."
Hence what I posted about government control of land use.
the animas is a tributary of the far more important San Juan river
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