Posted on 04/12/2023 4:44:55 PM PDT by CFW
A federal judge in North Dakota has temporarily blocked the implementation of the Biden administration’s controversial “Waters of the United States” (WOTUS) rule, granting the request of a coalition of 24 states and more than a dozen industry groups.
On Dec. 30, the Environmental Protection Agency (EPA) announced its final “Revised Definition of Waters of the United States” rule, broadening what types of water sources were subject to federal regulation under the Clean Water Act.
In issuing the April 12 injunction (pdf), U.S. District Judge Daniel L. Hovland held that the plaintiff states had successfully demonstrated that the new rule “poses a threat” to their sovereignty and amounts to “irreparable harm.”
“One of the purposes of a preliminary injunction is to preserve the status quo,” Hovland wrote. “The ripple effects caused by the 2023 Rule strongly favor maintaining the status quo for now. … The Court finds that a far broader segment of the public would benefit from a preliminary injunction because it would ensure that federal agencies do not extend their power beyond the express delegation from Congress.”
(Excerpt) Read more at theepochtimes.com ...
I am quite surprised. Has anyone read this thing? It actually defines their power limits that were not previously defined and were open ended.
https://www.epa.gov/system/files/documents/2022-12/Guide%20for%20Landowners%20Fact%20Sheet.pdf
“Waters of the United States” rule was nothing more than an attempt to cede control of the US to the UN.
These globalist/fascists want this country gone.
Well one step forward tonight...
Be ready for three steps back tomorrow morning.
Good. The new rule would have given the federal government the power to regulate every mud hole and storm drain in the country.
they pretty much already do it.
Decades ago, the SCOTUS ruled that Waters of the United States were only navigable waters for interstate transportation, meaning commercial navigation
Well, in 24 states they are blocked.
Ya can't make this stuff up!
Average foot speed over uneven ground, barring injuries, is 4 miles per hour. That gives us a radius of six miles. What I want from each and every one of you is a hard-target search of every gas station, residence, warehouse, farmhouse, henhouse, outhouse and doghouse in that area. Checkpoints go up at fifteen miles.
“Good. The new rule would have given the federal government the power to regulate every mud hole and storm drain in the country.”
It though so too because well... Biden. But I went and read parts of it. Some of the language...
“Step1:Is the activity I want to carry out on my property exempt from needing a Clean Water Act permit? The following activities are exempt from the Clean Water Act’s dredged and fillpermit requirements,1even if they take place in “waters of the United States:” •Established (ongoing) farming, ranching, and silviculture activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;•Maintenance (but not construction) of drainage ditches;•Construction and maintenance of irrigation ditches;•Construction and maintenance of farm or stock ponds;•Construction and maintenance of farm and forest roads, in accordance with best management practices,and•Maintenance of structures such as dams, dikes, and levees.Additionally, many discharges of pollutants other than dredged or fill material do not require permits:2•Pollutants from nonpoint-source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands;•Return flows from irrigated agriculture,and •Discharges from a water transfer.”
“Page 2of 5Step 2: Is the water on my property covered by this rule? The Clean Water Act does not cover every geographic feature with water in it,nor does it subject all activities in waters meeting the definition of “waters of the United States” to regulation (as discussed in Step 1). Puddles are not “waters of the United States.” The rule also has a well-established, very specific definition of wetlands. That definition requires the presence of particular wetland hydrology, soils, and vegetation. If a landowner’s property does notcontain the types of waters, including wetlands, covered by this rule, it is not jurisdictional.”
Step 4: If the activity I want to carry out on my property is not exempt from permitting requirements, and the feature on my property is likely a water for purposes of the rule (and is not excluded), what do I do next? Ifalandowner’s property is not covered by one of the exclusionsandanactivity is not covered by one of the exemptions, the next step is to determine if the water is a “water of the United States” under one of the longstanding categories in the rule: (1) traditional navigable waters, the territorial seas, and Page 4of 5interstate waters; (2) jurisdictional impoundments of “waters of the United States”; (3) jurisdictional tributaries; (4) jurisdictional adjacent wetlands; and (5) intrastate lakes and ponds, streams, or wetlands not identified in categories (1) through (4) that meet either the relatively permanent standard or the significant nexus standard.1)What is the relatively permanent standard?Waterbodies that meet this standard arerelatively permanent, standing, or continuously flowing waters connected totraditional navigable waters, the territorial seas, and interstate waters. Waters that meet this standard also includewaters with a continuous surface connection to such relatively permanent waters or traditional navigable waters, the territorial seas, and interstate waters.”
“2)What is the significant nexus standard? Certain waterbodies, such as tributaries and wetlands, canhavethe requiredconnection to and affect larger downstream waters that Congress fundamentally sought to protect. The significant nexus exists if the waterbody (alone or in combination) significantly affects the chemical, physical, or biological integrity of traditional navigable waters, the territorial seas, or interstate waters.If the water feature fits one of the categories of “waters of the United States”and the activity is not covered by one of the exemptions, the landowner will need to seek a permit to carry out the activity. “
https://www.epa.gov/system/files/documents/2022-12/Guide%20for%20Landowners%20Fact%20Sheet.pdf
What?
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