Posted on 04/08/2017 8:18:21 AM PDT by rktman
The rule defines eight categories of waters of the U.S.
Six categories include traditional navigable waters, interstate waters, territorial seas (these three are called “jurisdictional waters”), impoundments of jurisdictional waters, “tributaries,” and “adjacent” waters. These are jurisdictional by rule in all cases, requiring no additional analysis in order to be regulated. To be adjacent, the rule uses the rubric of “neighboring,” which can be met by waters in the 100-year floodplain—meaning land which might be wet one out of every 100 days is a water of the U.S. and can be federally controlled. Texas coastal prairie wetlands are another type of water automatically considered adjacent, and therefore subject to regulation.
(Excerpt) Read more at dailycaller.com ...
NON print version:
http://dailycaller.com/2017/04/07/the-clean-water-rule-is-about-federal-authority-not-water/
Probably most of the Obama EPA regs were about Federal Control, not about making the country better.
The clean water mess has been brewing for alot longer than Obama. Its origins begin in 1973, with congress passing an actual law. The next 30 plus years has been faceless beaurocrats making stuff up. To date, no president has bad the will or desire to stop it.
“Six categories include traditional navigable waters, interstate waters, territorial seas (these three are called “jurisdictional waters”), impoundments of jurisdictional waters, “tributaries,” and “adjacent” waters. These are jurisdictional by rule in all cases, requiring no additional analysis in order to be regulated. To be adjacent, the rule uses the rubric of “neighboring,” which can be met by waters in the 100-year floodplain—meaning land which might be wet one out of every 100 days is a water of the U.S. and can be federally controlled. Texas coastal prairie wetlands are another type of water automatically considered adjacent, and therefore subject to regulation.
The final two categories can, upon “case-specific analysis,” be determined to have a “significant nexus” either alone or in combination with “similarly situated waters in the region.” The concept of a significant nexus was created by Supreme Court JUSTICE ANTHONY KENNEDY in 2006 and is not a scientific term, “but rather a determination made by the agencies.”
Yet another reason why getting Kennedy to retire would be a very good thing, provided Trump can come up with a true Constitutionalist for his replacement. I guess Kennedy bull$hitted Reagan to get the appointment, because he certainly is no “strict constructionist!”
Globalists do not local communities, families, and individuals controlling their own lives.
Part of the UN Agenda 21.
UN Agenda 21 ( Let me know if you wish to be added or removed from the list.)
You are correct, george76. Agenda 21 is all about control of the individual.
The Marxists like Kennedy ruin language and change the meaning of words so Up can be Down, Boys can be Girls and Slavery can mean Freedom.
It is their long term plan to “Kill God” (Freedom and Individual Natural Rights) and form their radical, irrational “utopia” which can only exist if there is no such thing as private property “rights” and they can control every single thought and idea of your children so they can determine their worldview (all desires and beliefs like they do with Hollywood and publik skools).
Beware of subjective judges who change words like marriage and “liberty-—so they are meaningless. That is the goal-—make the Language and Words so there is no real debate about ideas-—just mass irrationality/insanity (all children will be irrational because of the insanity (subjective meaning like in all tribal, non-scientific cultures which throw out Natural Law Theory (science/Objective Truth (God)) which is where Western Civ got the Age of Reason and US Constitution——BASED ON TRUTH (God) ONLY.
We have to take back the Language and Legal System (totally taken over in 1912 by psychopathic sodomite Marxists to destroy Truth (God) and Logic and Reason (Western Civ). Google John Maynard Keynes who was one of them—who was having orgies with all the pretty little boys like the Afghanis, and his homosexual buddies (Google “Sugar Keynes of Harvard”). He was one of the NWO goons who wanted to flip 2000 of Ethics back to the pagan, hedonist days since Vice creates Slaves for the elites (and little boys).
We need to put these judges who destroy the meaning of the Constitution (Supreme Law) in jail. Words have specific meaning-—and that means in Rule of Law especially!!! Right Reason according to Natural Law (science and reason) is the definition of a “Just Law”. All unjust “law” is “null and void” always-—said Justice Marshall—the father of jurisprudence!!!!
Globalists do not ( Want ) local communities..
Articles like this would be much more credible if they can get their basic facts straight. Or maybe I have to go back to engineering school and take my sophomore-level hydrology course all over again.
The Federal Government ( like the USFS and BLM ) have been trying to steal senior water rights that have been owned by cities, towns, ranchers ...for decades.
The Feds then can try to kill that area. Tombstone, AZ. is one such example, of many.
Exactly.
Back in the early 1960’s, my Dad and others had run-in’s with various County, State and Federal agencies over water rights for farmers and ranchers in Northern New Mexico.
Just like black live matters is for gun control and endangered species act is now used to prevent building the wall (mind not illegals trashing the place and importing invasive species).
I am trying to figure out how to fight whatever agency classified the road side ditch in front of my farm as a trout stream.
Any help appreciated.
It is seriously just a roadside ditch the is completely dry for 6-8 months a year
Obama's regs or the EPA's 2014 rewrite of the wotus regs never went into effect. But everybody blames Obama.
The reality is that regulation of wotus has been a problem since the Clean Water Act was enacted in the 70s.
When Roberts and Alito tried to change it 2006 with the Rapanos vs USA case it got even worse and Obama's efforts forces this back into the lap of SCOTUS so they can fix it. Scotus needs to define "significant nexus".
IN the meantime, Trump told SCOTUS to back off because he was going to rewrite it, but SCOTUS told Trump to go suck a wind turbine because they were going to hear the case.
Try Pacific Legal Foundation .
or Mountain States Legal Foundation.
https://www.mountainstateslegal.org/
I think it actually started out as a good idea given the almost demise of the Bald Eagles and other types as well from DDT contamination. Maybe started to prevent industry from indiscriminately using chemicals that could really cause harm to our environment. But like most good ideas, some politicians (both brands) think the government needs to assume control all aspects of our lives because we are not capable of making good decisions.
Great idea. Going to do that
Thx
Need to do some research on DDT and the BS that was put out starting with racheal carson and ‘silent spring’. There is no doubt that many good things have come about but probably more bad things since the epa’s inception.
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