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Federal judge orders Trump to reinstate Obama's Waters of the US rule
Washington Examiner ^ | 08-17-2018 | Josh Siegel

Posted on 08/17/2018 7:03:55 AM PDT by Kevin in California

A federal judge issued a nationwide injunction Thursday against the Trump administration for delaying the Obama-era Waters of the United States rule, dealing a setback to a key piece of President Trump's deregulatory agenda.

The decision by the U.S. District Court in South Carolina means that the so-called Clean Water Rule is again operative in 26 states where district courts have not halted the regulation.


TOPICS: News/Current Events
KEYWORDS: acherrytreetoofar; dncjudicialactivist; environment; fedjudgepresident; grabbypoppyjudge; juckthefudge; surfacewater; thebabyharpsealcure; thelawisinmymouth; water; watersoftheus
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To: Mr. Jeeves

Congress should pass a law redefining the power of District judges so they can no longer rule against EOs.


21 posted on 08/17/2018 7:13:14 AM PDT by savedbygrace
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To: Kevin in California

not happening judge.......


22 posted on 08/17/2018 7:13:20 AM PDT by cranked
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To: Kevin in California
Opponents said EPA avoided the customary 30-day waiting period between the rule's finalization and its effective date, circumventing the Administrative Procedures Act, or APA.
procedural problem. that can be gotten around.
23 posted on 08/17/2018 7:13:58 AM PDT by JohnBrowdie
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To: joshua c

You illustrate why I resisted my mom’s pressure to go to law school.

I am certain that by now I would have absolutely SHATTERED the county record for contempt citations.


24 posted on 08/17/2018 7:13:59 AM PDT by Buckeye McFrog
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To: Kevin in California

Judge Thomas mentioned this problem in a recent opinion.

The district judges just asserted this authority on their own and no one challenged it. Feckless congress.


25 posted on 08/17/2018 7:14:22 AM PDT by joshua c (To disrupt the system, we must disrupt our lives. Do nothing, they win and we lose.)
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To: Kevin in California; 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; ...
Not a happy ping.

South Carolina Ping   

If you'd like to be on or off the South Carolina ping list, just click Private Reply below and drop me a FReepmail.

26 posted on 08/17/2018 7:14:55 AM PDT by upchuck (As we head to the midterms, please (re)read Confessions of Congressman X - tinyurl.com/congressmanx)
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To: nickedknack
No judge has any authority over a president to tell him which executive orders he must or must not enforce.

And yet they do...........

27 posted on 08/17/2018 7:16:13 AM PDT by itsahoot (Welcome to the New USA where Islam is a religion of peace and Christianity is a mental disorder.)
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To: Gen.Blather

President Jackson said, “Justice Marshal has made his ruling. Now let him enforce it.”


I honestly would not be surprised if Trump is waiting for just the right time to make just such a proclamation, and in a way only Trump can to get maximum effect.


28 posted on 08/17/2018 7:19:31 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: Kevin in California

Okay, so I get it that the Media is Public Enemy #1. Now these stupid judges are rapidly becoming Public Enemy #2. Do I have this right? Geeze!


29 posted on 08/17/2018 7:21:04 AM PDT by Afterguard (Deplorable me!)
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To: Kevin in California

For those that don’t know; that rain water puddle in your yard is now subject to Federal regulation - do not attempt any actions not preapproved by the EPA or else face ruinous fines and penalties ... don’t even think of suing - the Federal government has more money than you do to pay the highest attorney fees until hell freezes or you are destitute - which ever comes first ...


30 posted on 08/17/2018 7:21:29 AM PDT by PIF (They came for me and mine ... now it is your turn ...)
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To: Kevin in California

These judges are way overstepping their authority.


31 posted on 08/17/2018 7:22:13 AM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Kevin in California

Get Kavanaugh confirmed. Then have the Supreme Court once and for all strike down lower courts’ ability to issue nationwide injunctions on what are clearly political questions. This is a separation of powers issue. The Judiciary is overstepping its bounds and needs to be reined in. This started with the courts in the early 1960’s and has no constitutional foundation.


32 posted on 08/17/2018 7:24:41 AM PDT by FLT-bird
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To: Kevin in California

What is the judges justification for the decision?


33 posted on 08/17/2018 7:24:56 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: Red Badger

ah!!!!!!....so GREAT to be King!
++++++++++++++++++++++++++++++++++


34 posted on 08/17/2018 7:25:47 AM PDT by gunnyg ("A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever...)
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To: cuban leaf
I wonder what would happen if Trump ignored the ruling.

Me, too. But, he'll probably file an emergency appeal with a higher court staying the order. It will eventually be reversed.

At some point, the power of any district judge to completely impede policy is going to have to be faced directly, either in Congress or in the Supreme Court. I believe Clarence Thomas pointed out what a problem this is with a comment in an opinion he wrote. It's obviously a flaw in our system, at least as its been interpreted over the past century or so.

35 posted on 08/17/2018 7:25:53 AM PDT by Pearls Before Swine ("It's always a party when you're eating the seed corn.")
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To: Pravious

Don’t wait for President Trump (I never get tired of saying that) to do it all.

If we ALL ignore the ruling, it loses any legality it may have had.


36 posted on 08/17/2018 7:25:55 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Kevin in California

Using Judges to bring back Obama’s Legacy ,LOL


37 posted on 08/17/2018 7:26:21 AM PDT by butlerweave
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To: Kevin in California

Get the rope.


38 posted on 08/17/2018 7:27:08 AM PDT by Tolerance Sucks Rocks ( The US Constitution ....... Invented by geniuses and God .... Administered by morons ......)
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To: Redmen4ever

Seems possible.

The idea that one EO cannot flatly repudiate another is laughable.


39 posted on 08/17/2018 7:29:21 AM PDT by Rurudyne (Standup Philosopher)
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To: Kevin in California

I probably remember wrong but I think this allows the EPA to control the puddle in my backyard but doesn’t require them to do it in any specific way. So even with this ruling they could decide it’s ok for me to fill in the hole where the puddle happens when it rains.

The problems would be
* EPA “deep staters” WANT to control the puddle on my land
* Businesses can still bribe EPA officials to deny building permits to their competitors.
* Mueller can put someone in solitary confinement if he thinks they have something on Trump and he thinks they filled a hole in their backyard a few years ago.


40 posted on 08/17/2018 7:31:05 AM PDT by LostPassword
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