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

PLACING BRICK PILES FOR RIOTERS TO DESTROY BUILDINGS IN DALLAS!

Fear and Uncertainty: The Modern-Day Cult of Corona.

Watch SpaceX Falcon 9 and Dragon rocket launch

China reveals plan for ‘Heavenly Palace’ space station to rival ISS

‘Rich Mitch’ Gets Scorched In GOP Ad

THE ENEMY WITHIN: Ilhan Omar’s CUNT of a Daughter Retweets List Of “Supplies” Needed For Minneapolis Riot

According to Attorney the DNI Allegedly Has Call Records Between Seth Rich and WikiLeaks – It’s Now Presumed Brennan’s CIA Was More Involved Than We Thought

Power Freaks Losing Control As Public Laughs At Coronavirus Lockdowns

A Women Gets Her Contact Tracer Certificates and Tells All

Why You Might Rent Yourself A Mustang This Weekend

Minneapolis Riots Are a Reminder that Police Don't Protect You or Your Property

Arkansas Can't Secure Financial Assistance Site So Governor Asa Hutchinson Decides To Call The Person Discovering The Breach A Criminal

NBC Bans Reporters From Using The Word ‘Riot’ In Coverage Of Minnesota Riots

Police Investigate 7-Year-Old’s Toy Gun After Zoom Call

Rioters ATTACK CNN headquarters in Atlanta – burn police car as unrest continues

Minneapolis is Burning – Soros Paid Antifa Gangs Involved

‘The Looting Starts, The Shooting Starts’: Trump Calls for Extrajudicial Execution of Rioters

Elon Musk Baby Mama "Grimes" will legally sell her soul as part of a virtual art exhibit titled 'Selling Out'

ATF Warns Police of The “Boogaloo Movement”

Tourist Town Desperate to Reopen Faces Another Battle—White Nationalists in the Castle

Here is the Twitter faggot Yoel Roth censoring the President.

Smackdown! Homeschool 'Park Patriots' Vs. Brazoria County Park Closures

Suspicious Man Breaks Window & Starts Minneapolis Riots

98.1% Of ‘COVID-19 Deaths’ In Massachusetts Had An Underlying Health Condition

Flashback: Biden Calls for Communist Chinese Influence in “All Levels of Government, Classrooms… and Boardrooms”

"Where Did My World Go?"

Twitter Fact-checker Claimed Trump Admin Are ‘ACTUAL NAZIS’; Mocked ‘Fly Over’ States

Armed Citizens Stand With MN Protesters, But Defend Stores From Looters

Governor DeWine Suppresses Data Disproving COVID-19 Policies

What the Failed 55-MPH Speed Limit Law Tells Us About COVID Lockdowns

Bible Declares Churches Essential

Scholars Claim Jesus Actually Told Lepers 'Stay Home, Save Lives'

Top CDC official says “get rid of all the whites in the United States” to force vaccines on everyone else

Prosecutors Back Dismissal of 91 More Cases Involving the Houston Cop Who Lied to Justify a Deadly Drug Raid

Nextdoor Helps Spread Neighborhood Snitching By Showering Law Enforcement With Gifts

Staten Islanders with masks drive a non mask wearing person out of a Shoprite

The Sleep Eazys (Joe Bonamassa) New Album

“F*CK TRUMP” – Kathy Griffin Tells Jim Acosta How to Kill President Trump

Trump’s NatSec Advisor Robert O’Brien Drains the Swamp, Cuts Staff to HALF of Obama-Era Levels

BREAKING: Here's The Full List Of Declassifications That Will Bring The Deep State To It's Knees

7 Ways the DNC Will Use Contact Tracers for Biden’s Campaign to Oust Trump

Hitler Reacts to Georgia Reopening Businesses

What Would Cool Hand Luke And Virgil Hilts Do?

Hillary Clinton says lockdown protesters are domestic terrorists

Trump 2020 Campaign Manager Tweets Video Of Creepy Joe Biden Paired With Child Grooming Analysis

‘I Can’t Breathe’: Video Shows Cops Kneel on Motionless Man’s Neck — Until He Dies

Lard ass Jerry Nadler Paper Ballots are extremely suspectable to fraud

Psycho Joe Scarborough joking about having sex with and murdering intern

Sex Doll Sales Surge In Quarantine, But It’s Not Just About Loneliness

People suffering from dementia often have a certain distinct walk This is what it looks like:


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: 142
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