New EPA Reg An Economy Killer
All good attorneys are adept at connecting current points to past decisions that might be thought to have some bearing on the case being tried. Government attorneys do not have to go to those lengths, all they need is to have the bureaucracy issue a new regulation--even if it flies in the face of reality.
The point today is an individual's right to do on his property what he wants. The EPA is once again stepping up its attack on an owner's right to impede on anything that might be construed as "connecting with navigable waters."
The EPA wants to significantly increase its authority over a larger percentage of streams and wetlands that provide habitat for wildlife and sources of drinking water. President Barack Obama is expected to skirt around Congress on the issue with another executive decision but this could directly affect every American, no matter where they live.
When the EPA began, America had polluted itself especially in the Industrial Belt along the Great Lakes' states. Water wasn't fit to drink and the air unfit to inhale in the 1960s. America clearly needed something to be done. The EPA was born.
But, over time, the good intentions were expanded. Now the EPA is a law unto itself.
Former Justice Department prosecutor David Uhlmann, currently a law professor at Michigan, said, "There is nothing complicated about the idea we should protect the tributary system that flows into our nation's rivers. What is more difficult is deciding when to protect wetlands, which perform essential ecological functions but often make it impossible for landowners to develop their property." On that point he and I agree.
The EPA is claiming 60% of the nation's streams and millions of acres of wetlands lack clear protection under existing regulation. Why? Because the word "connection" necessary to fall under EPA control has never been clearly established. Currently only those wetlands or waterways that "connect with navigable waters" fall under EPA control.
Under the proposed regulation, concocted by the Army Corps of Engineers and the EPA, all water can be connected to navigable waterways. That is absurd.
That means if you are sitting in the middle of the Great American Desert, you can't do anything to disrupt the natural flow of water on your property even though no water there can connect to a navigable source without manmade intervention by canals or pipelines. The Continental Divide splits and surrounds the area meaning no water can possibly escape naturally by any means other than vaporization.
The American Farm Bureau is leading the opposition to this proposal. "The proposed rule provides none of the clarity and certainty it promises. Instead it creates confusion and risk by PROVIDING THE AGENCIES WITH ALMOST UNLIMITED AUTHORITY TO REGULATE AT THEIR DISCRETION."
The government is heading for another power grab designed to whittle away once again at the Constitution-guaranteed freedom of each person. If a land owner anywhere you will lose your right to pursue happiness on your own property doing what has always been done with the acres you have acquired.
If the rule is allowed to go through, as written, any low spot that collects rainwater during a rain shower could fall under the control of the EPA and prevent the landowner from controlling his own property. Even more appalling, every manmade device to deliver this vital element to urban households could also be subjected to the whims of the EPA in the future as for the first time sewer systems could, legitimately, be considered "connected to a navigable waterway."
If you wanted to install a lawn-watering system for your yard, you could need approval from and then purchase a permit from the EPA. How much would that add to the cost?
This very problem was put into a letter sent by Arizona Sens. Jeff Flake and John McCain. Writing for Arizona, the letter stated, the "vast majority of Arizona's waters are part of ephemeral systems and often found at substantial distances from traditional navigable or interstate waters. Every small ephemeral system of limited function with no practical ability to influence the physical, chemical or biological integrity of those downstream waters, would be regulated."
The proposed ruling had one big supporter in another dry state, New Mexico. Sanders Moore, the director of Environment New Mexico, claims waterways there had been put under risk due to narrow interpretation of the existing laws. She claims the off-and-on dry stream beds are a significant danger to all-year waterways. "When those dry beds run with snow melt, they pick up all those pollutants and carry them to larger rivers."
They do. But that is a natural occurrence found almost everywhere water is scarce. So now an environmentalist wants to alter nature itself.
In essence that is what the EPA is planning. The ruling has two benefits for government that cannot be overstated. It extends its reach even further into every individual's daily life and extends their power and revenue base even more broadly than it already has through selling permits to a favored few.
How much more will it cost to build a home or a business when the nebulous connection to a navigable waterway is in the grip of someone who doesn't truly care what the facts are but is pushing an agenda only? That is another cost America's economy cannot afford--at any point.
"I have sworn on the altar of God eternal hostility to every form of tyranny over the mind of man."--Thomas
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