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 ...
“The EPA said it will respect the court’s decision...”
Horse-hockey. The EPA Nazis will ignore the court and start harassing landowners tomorrow. I was involved in fighting the EPA, and those slimy EPA Nazi bastards did everything possible to impose their illegal diktates.
The USSC shot these Nazis down in Ramponos v US, as they tried to illegally impose laws, even though those illegal laws violated the legal intent of Congress.
Congress had a chance after Rapanos to order the arrest of the entire EPA and charge the agency with sedition. Needless to say, Congress fumbled the ball.
Regarding unpopular EPA regulations, please consider the following. Noting that the Founding States made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide them from Congress, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected federal bureaucrats such as those running the EPA, please consider the following.
While the states need to keep the land clean, I don’t see where the Founding States delegated to Congress or federal bureaucrats, expressly via the Constitution, the specific to control land in the USA that has not been purchased by the feds as required by either Clause 17 of Section 8 of Article I, or the federal governmet’s eminent domain powers of the 5th Amendment.
References to applicable constitutional clauses welcome.
Thank you
Also the San Juan feeds lake Mead, that provides 20% or more of the water supply for L.A.
No, but as you urinate, you are connected to the body of water...
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