Free Republic

The Supreme Court on Monday denied the Trump administration's request to place a hold on litigation over former President Barack Obama's Waters of the U.S. rule so it can begin repealing it. The high court denied the administration's request without explanation. The Justice Department wanted the high court to hold off on hearing a case, National Association of Manufacturers v. Department of Defense et al, on the Environmental Protection Agency's water rule until it had time to review the regulation on its own, "paving the way for the elimination of this very destructive and horrible rule," President Trump said.

OK, here’s the background. Once upon a time, the Obama administration decided to implement a ruling – without the input of Congress, mind you – that defined ““waters of the U.S.” to include virtually any wet area — even a rain-fed temporary pool — that is close to any other body of water with a physical connection to a navigable waterway.” As you can imagine, this was and is a massive attempt to extend the reach of the regulatory State into areas that they do not traditionally have the ability to go into. By making essentially all waters federal waters,...

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...

It seems incredible, but a single missing word could turn a water law into a government land grab so horrendous even a U.S. Supreme Court justice warned it would “put the property rights of every American entirely at the mercy of Environmental Protection Agency employees.” The missing word is “navigable.” The Obama administration is proposing a rule titled “Definition of ‘Waters of the United States’ Under the Clean Water Act,” which would strike “navigable” from American water law and redefine any piece of land that is wet at least part of the year, no matter how remote or isolated it...