Judge Strikes Down EPA Power Grab of Waterways

[Kathianne]

Last minute:

http://thehill.com/policy/energy-environment/252140-judge-blocks-obamas-water-rule


Federal judge blocks Obama’s water ruleBy Timothy Cama (http://thehill.com/author/timothy-cama) - 08/27/15 05:30 PM EDTA federal judge in North Dakota acted late Thursday to block the Obama administration’s controversial water pollution rule, hours before it was due to take effect.


Judge Ralph Erickson of the District Court for the District of North Dakota found that the 13 states suing to block the rule met the conditions necessary for a preliminary injunction, including that they would likely be harmed if courts didn't act and that they are likely to succeed when their underlying lawsuit against the rule is decided.



The decision is a major roadblock for the Environmental Protection Agency (EPA) and the Army Corps of Engineers, who were planning Friday to begin enforcing the Waters of the United States rule, expanding federal jurisdiction over small waterways like streams and wetlands.

But the Obama administration says it will largely enforce the regulation as planned, arguing that the Thursday decision only applies to the 13 states that requested the injunction.


“Once the rule takes effect, the states will lose their sovereignty over intrastate waters that will then be subject to the scope of the Clean Water Act,” Erickson wrote in his order.

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[NightTrain]

This was an important victory. The last thing we need is more EPA jurisdiction meddling in our affairs whenever there is a creek, stream or river involved - which can be argued to be the case pretty much anywhere.

Alaska was one of the 13 States that joined the suit, something I'm very pleased about - we're protected, at least for now.

Unfortunately, the other 37 States still may be subject to the EPA's love of mandating rules in an issue that should be handled at the State level.



A federal judge in North Dakota on Thursday blocked a new Obama administration rule that would give the federal government jurisdiction over some state waterways. U.S. District Judge Ralph Erickson of North Dakota issued a temporary injunction against a the rule, which gives the U.S. Environmental Protection Agency and Army Corps of Engineers authority to protect some streams, tributaries and wetlands under the Clean Water Act. The rule was scheduled to take effect Friday.

"The risk of irreparable harm to the states is both imminent and likely," Erickson said in blocking the rule from taking effect.

Thirteen states led by North Dakota asked Erickson to suspend guidelines that they say are unnecessary and infringe on state sovereignty. The federal government says the new rule clarifies ambiguity in the law and actually makes it easier for the states to manage some waterways. It wasn't immediately clear if the injunction applied to states other than the 13 led by North Dakota."

The other states involved in the lawsuit are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, South Dakota and Wyoming.

Nice try, Obama. You missed. :finger3:

[NightTrain]

Ooops... didn't see that other thread.

Thanks, Kathi!

[NightTrain]

Related -

This is the kind of crap that the EPA under Bambam has done lately, and the new rule mentioned above was their way to cement their authority.

There's quite a few examples here in AK that they've done that REALLY piss me off, but here's a shining example of their methods and overreach :


A rancher is taking the Environmental Protection Agency to federal court, asking a judge to stop the agency from fining him more than $16 million because he built a small pond on his property.

Andy Johnson of Fort Bridger, Wyoming says he made sure to get the proper permits from his state government before building the pond. After all, this is America in the 21st century, and nothing done on your own property -- certainly when it involves the use of water -- is beyond government concern.


Johnson is facing millions in fines from the federal government after the EPA determined his small pond -- technically a "stock pond" to provide better access to water for animals on his ranch -- is somehow violating the federal Clean Water Act.


"We went through all the hoops that the state of Wyoming required, and I'm proud of what we built," Johnson said. "The EPA ignored all that."


In a compliance order, the EPA told Johnson he had to return his property -- under federal oversight -- to conditions before the stock pond was built. When he refused to comply, the EPA tagged Johnson with a fines of $37,000 per day.


Dismantling the pond within the 30-day window the EPA originally gave him was "physically impossible," Johnson said.


That was in 2012. Today, Johnson owes the federal government more than $16 million, and the amount is growing as he tries to fight back.


In a lawsuit filed in the U.S. District Court on Thursday, lawyers representing Johnson argue the EPA overstepped its authority by fining the rancher.

http://www.foxnews.com/politics/2015/08/28/wyoming-man-challenges-outrageous-epa-fines/