Thanks to Judge Erickson for curtailing the EPA

President Obama's latest case of executive overreach has hit a wall: Judge Erickson.

A federal judge in North Dakota acted late on 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 on Friday to begin enforcing the Waters of the United States rule, expanding federal jurisdiction over small waterways, like streams and wetlands.

The EPA has turned into President Obama's favorite agency.  The EPA is out of control, as many businessmen will tell you.

More important, the EPA is exhibit A of how President Obama goes around Congress or simply governs without Congress.

As with the immigration order halted by a Texas judge, President Obama is learning that it's tough to govern on a unilateral basis.  In other words, sooner or later you will run into a judge who understands the U.S. Constitution.

P.S. You can listen to my show (Canto Talk) and follow me on Twitter.

Via: American Thinker

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FED’s Latest Power Grab Targets Property Owners

The feds have launched a new power grab, and it’s coming at the expense of property rights.

The Environmental Protection Agency and the Army Corps of Engineers have proposed a new rule to define “waters of the United States.” This definition is supposed to clarify what “waters” are covered under the Clean Water Act and therefore what these two agencies can regulate.

Most people would consider a water body to be a river, a lake, maybe even a pond. But the feds are casting their nets much wider than that. Their proposal could cover almost any type of water. Almost all ditches, including man-made ditches, could be regulated. Depressions in land that only sometimes have water in them could be deemed a tributary and covered under the rule, even if the depression is bone-dry almost every day of the year. The sheer overreach of the proposed rule is breathtaking.

Under the Clean Water Act, property owners are often required to obtain costly and time-consuming permits if engaging in activities that affect jurisdictional waters. We’re not talking toxic waste disposal being required to trigger the need for a permit. The statute would even prohibit actions that cause absolutely no environmental harm. For example, someone might need a permit for kicking some sand into a jurisdictional water.

Common activities, from farming to home building, could require a permit. Individuals who want to use their property for ordinary, everyday uses could be forced to get a permit. Sackett v. EPA offers one egregious example of overzealous regulatory enforcement. In this 2012 Supreme Court case, the EPA sought the power to impose fines of $75,000 per day on a couple for placing gravel on virtually dry land to build a home in a built-out subdivision. This proposed rule will likely lead to even more Sackett-type abuses of regulatory power.

Via: CNS News

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