[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

House Republicans’ national security-threatening impeachment stunt, explained by an expert

Son Volt’s "Union" Joins in the Anti-Trump Clamor

Rep. Elise Stefanik Discusses Schemes, Ploys and Manipulative Games of Adam Schiff…

Sacré Bleu! Trump-Basher Pierre Delecto’s Approval Rating is Now Underwater in Utah

HERE WE GO: SchiffÂ’s Star Witness Who Met with Staffers Claims Trump Quid Pro Quo

Out-Of-Control Pelosi & Schiff Ban Republicans From Viewing Transcripts Of ‘Secret’ Impeachment Hearings Says Report

Texas: Jury Rules Against Dad Fighting 7-Year-Old Son’s Gender Transition

Male-to-female professor wins women’s cycling championship again, taunts female critics

Trans Activists Force Procter & Gamble To Remove Female Venus Symbol From Sanitary Pads Packaging

Senate Leader McConnell Rebuffs President Trump – Introduces Resolution To Keep US Troops In Syria

Mitch McConnell Says He Will Sit Down with Chuck Schumer to Discuss Impeachment Proceedings

Trump defends Gabbard in Clinton spat, says she's no agent

What if the Police Don’t Identify Themselves?

WATCH: SWAT Wakes Up Disoriented Homeless Man, Execute Him for Reaching for His Waistband


Officer Who Shot Atatiana Jefferson Wasn't Asked to Do Wellness Check Despite Neighbor's Request

Ready to Pay $30,000 for Sharing a Photo Online? The House of Representatives Thinks You Are

The Pathocracy of the Deep State: Tyranny at the Hands of a Psychopathic Government

Hillary telling friends: If I thought there was an opening in the primary, I’d consider jumping in

AGW Escalation

Stockholm Syndrome

The IRS Admits it is Targeting the Poor Because it is “Easier and Cheaper” Than Auditing the Wealthy

NBC News Thinks Getting Microchipped Sounds Super-Convenient

Seattle Public Schools Will Start Teaching That Math Is Oppressive

Is Sam Adams' New 28 Percent ABV Beer Legal in Your State?

San Francisco Mint striking Enhanced Reverse Proof silver American Eagle

Louis Vuitton designer declares Trump 'a joke' after Texas workshop visit

184 House Republicans Back Bill to Censure Adam Schiff Ahead of Monday Vote

Greta Van Susteren: Fox News’ Wallace Wants to ‘Smear and Cause Trouble’ with Anonymous Impeachment Claim

Trump Will Win in 2020 *Because* of Impeachment

Florida Cops Went to Absurd Lengths to Entrap Man Who Showed No Interest in Underage Sex

Report: CIA Deep State Actors Linked to Origin of Russia Hoax Lawyer Up

Poll: Iowa caucuses are 'up for grabs' as Pete Buttigieg surges into top tier

Mitt Romney's secret Twitter account Pierre Delecto reveales

Durham’s Trail Leading to SSCI – Ali Watkins Never Slept With James Wolfe – It Was a Cover Story….

New Democrat Icon Mitt Romney Prepares to Unseat Donald Trump

Automotive Pre-Emption

Should You Get A Flu Shot?

Mifsud’s Phones Obtained by Durham Have UK Sim Cards Tying Them to the UK — AND BACK TO JOHN BRENNAN

Napolitano Wrong Again: Schiff Inquiry a Kangaroo Court

World's longest nonstop commercial flight lands in Sydney

Portland Police Review Board Says It's OK For Officers To Lie To Get Someone To Stop Filming Them

The Founding Father Who Told Americans We Have A Right To Military Weapons

A Colorado officer shot an armed man through the window of the man's home, police say

The Gun in Atatiana Jefferson’s Hand Will Be Far from Irrelevant

Gabbard says Clinton 'Russian asset' remarks are part of 'smear campaign' as 2020 Dems voice support

Elijah Cummings' widow expected to run for his House seat: report

‘I’ll Shoot You In The F—king Face’: Video Shows Cop Threaten to Murder 16yo Boy

Cops Walk Up to Family’s Home Unannounced, Shoot Dad in the Back Through a Window


Status: Not Logged In; Sign In

United States News
See other United States News Articles

Title: Trump administration repeals the Obama era ‘clean water rule’ and that is a good thing
Source: The Daily Sheeple
URL Source: https://www.thedailysheeple.com/tru ... rule-and-that-is-a-good-thing/
Published: Sep 13, 2019
Author: Sean Walton
Post Date: 2019-09-17 10:43:15 by Deckard
Keywords: None
Views: 67
Comments: 1

Photo by Rupert Britton on Unsplash

Thursday saw a major win for the rule of law, property rights, and the environment: The Trump administration announced that it had finalized its repeal of President Barack Obama’s infamous 2015 Clean Water Rule.

For decades, the Environmental Protection Agency and the U.S. Army Corps of Engineers have struggled to define the Clean Water Act’s term “waters of the United States” in a manner that can pass judicial scrutiny.

That definition is extremely important because it clarifies what waters the agencies can regulate under the statute.

Instead of learning from past mistakes, the Obama administration decided it would take the federal overreach to a new level while ignoring the plain language of the Clean Water Act.

There’s a reason why there was such diverse and widespread opposition to this Obama rule: It’s a rule that could have made it very difficult for Americans to engage in even ordinary activities, such as farming or building a home.

The Obama rule was so extreme it would have regulated waters that couldn’t even be seen by the naked eye.

The American Farm Bureau Federation explained:

…distant regulators using “desktop tools” can conclusively establish the presence of a “tributary” on private lands, even where the human eye can’t see water or any physical channel or evidence of water flow.

That’s right—invisible tributaries!

The agencies even claim “tributaries” exist where remote sensing and other desktop tools indicate a prior existence of bed, banks, and [ordinary high-water marks], where these features are no longer present on the landscape today.

The rule would have made it possible to regulate “waters” that were, in effect, dry land, such as a depression in land that holds water a few days a year after heavy precipitation. The sort of thing every kid in boots wants to have a splash in.

Then there’s the “we will know a regulated water when we see it” aspect of the rule. If waters didn’t fall under specific categories as listed in the rule, then the Obama rule created a backup plan to help ensure the agencies could still have the ability to regulate additional waters.

The rule made it possible for the agencies to regulate some waters on a case-by-case basis if they decided that the water had a “significant nexus” to certain regulated waters.

A property owner couldn’t have known what this would cover, because such determinations would have been at the subjective whim of agency officials.

That’s particularly problematic because the Clean Water Act has both civil and criminal penalties.

The ongoing vagueness problem with the Clean Water Act is a concern that the Supreme Court has repeatedly brought up, including then-Justice Anthony Kennedy, who stated in 2016 in the oral argument for Army Corps of Engineers v. Hawkes Co., “[T]he Clean Water Act is unique in both being quite vague in its reach, arguably unconstitutionally vague, and certainly harsh in the civil and criminal sanctions it puts into practice.”

At the start of the Clean Water Act, Congress made it clear that it’s “the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution … .”

The Obama rule ignored this state role. When the federal government tries to regulate every water imaginable, it doesn’t leave much room for states and local governments to address water issues.

Critics will argue that getting rid of this vast federal role in regulating waters will undermine water protection. Congress rejected that argument when it passed the Clean Water Act.

Legislators recognized that states should play the lead role in addressing water pollution. That makes sense, because states are in the best position to address most water issues, and that’s because they are closest to the issues and can develop policy that’s tailored to address specific problems.

The Clean Water Act regulations are also just one piece in a massive web of laws and programs that helps to protect surface waters. (In addition to other federal programs and laws, there is, of course, state and local governments.)

It should also be noted that a separate federal law, the Safe Drinking Water Act, protects the water we drink.

By getting rid of the Obama rule, the Trump administration appears to recognize the rule’s numerous problems. Now, it will be up to the Trump administration to develop a definition of “waters of the United States” that does something unique; namely, one that follows the law.

On Feb. 14, the EPA and the Army Corps of Engineers proposed their new definition, which is a major improvement from the Obama rule.

There are still improvements that are needed before any new definition is finalized. Justice Antonin Scalia in his plurality opinion in Rapanos v. United States wrestled with many of the challenges that admittedly the agencies face when developing a workable definition of “waters of the United States.”

If the final rule is consistent with this thoughtful opinion, then the Trump administration will succeed where past administrations have failed in developing a workable, legally defensible definition of “waters of the United States.”

Until then, the Trump administration should be commended for getting rid of the Obama rule, which failed on all counts.

Delivered by The Daily Sheeple

We encourage you to share and republish our reports, analyses, breaking news and videos (Click for details). (1 image)

Post Comment   Private Reply   Ignore Thread  

TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

Trump administration repeals the Obama era ‘clean water rule’ and that is a good thing

Trump always sees that good things are done.

Trump-Biden 2020 ...

Gatlin  posted on  2019-09-17   11:19:56 ET  Reply   Trace   Private Reply  

TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com