“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!”
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!!!!