A federal judge has once again slapped down the EPA, this time for its attempt to exercise control of virtually all water, anywhere in America.
Regulation: A federal judge has once again slapped down the Environmental Protection Agency, this time for its attempt to seize control of virtually all water, anywhere in America. Is there no end to the EPA’s overreach?
Judge Ralph Erickson minced no words in condemning the EPA’s attempt to control much of America’s privately held land by regulating the water on it, calling the EPA regulation “inexplicable, arbitrary and devoid of a reasoning process.”
Erickson issued an injunction in the 13 states that sued. But the EPA, never one to give up a power grab, says it will impose its rule on the rest of us anyway.
Under the Clean Water Act, the EPA has regulatory power over “navigable” waters and any tributary to those waters. The EPA has stretched that definition to the breaking point, essentially saying if a piece of land is wet, it’s the EPA’s to regulate as it sees fit.
“The rule asserts jurisdiction over waters that are remote and intermittent waters,” Erickson wrote in his injunction. “No evidence actually points to how these … wetlands have any nexus to a navigable-in-fact water.”
The EPA interpretation would lead to private land owners having to ask permission from the government to do anything. It would give the EPA sweeping control over almost all private land in America.
This abuse by the Obama administration of its regulatory powers isn’t an isolated incident. It’s a pattern.