cancel2 2022
Canceled
Mott always go offline when confronted with this type of egregious behaviour by the EPA. It needs to have its wings clipped and forced to concentrate on its primary role, not start inventing new roles and responsibilities.good link - i thought it was "interstate waters" but it's "navigable waters" that Congress intended to come under the Clean Water Act (CWA)
look at this hubris fr. link:
Repeated rebukes by the High Court have made no difference
Repeated rebukes by the High Court, including the last two initiated by our Foundation, have made no difference. In 2001, the Supreme Court rejected the agencies’ regulation of isolated, non-navigable waterbodies that read the term “navigable waters” out of the Act. In 2006, the Court also rejected the agencies’ sweeping assertion that it could regulate any water with a hydrological connection to a downstream navigable-in-fact water. And, in 2012, the Supreme Court unanimously condemned the EPA practice of issuing crippling fines and threats of criminal prosecution to homeowners without providing proof the CWA was violated and without affording the homeowners a judicial hearing to dispute EPA’s jurisdiction over their property. As Justice Alito observed: the “reach of the Clean Water Act is notoriously unclear” under EPA’s expansive reading such that “any piece of land that is wet at least part of the year” may be covered by it, “putting property owners at the agency’s mercy.”
Instead of accepting those pronouncements and demonstrating some restraint, the agencies’ current rule redefining “waters of the United States” greatly exceeds jurisdictional claims the High Court has already rejected. Compared to the draft we criticized last fall, the final rule made some cosmetic changes for political consumption, as well as some substantive changes, but the jurisdictional interpretations not only go well beyond any authorized by the CWA, they would be unconstitutional if Congress tried to confer such authority. For example, the final rule purports to exempt “puddles,” which is politically savvy. But even this concession is undermined since the rule expressly covers some water-filled depressions many people think of as puddles, including isolated “prairie potholes” in the Midwest, “vernal pools … located in parts of California” and various other small ponds if they meet certain conditions.
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