EPA Threatens Wyoming Man for Building a Pond on His Property

The Administrator of the EPA, Gina McCarthy, is testing the power of the EPA in advance of the passage of harsh new rules that will give the EPA control of all the bodies of water in the country. The EPA sees themselves as the overseers of all water on all property in the United States, public or private, whether it be lakes, streams or even ditches.

No landowner’s property will be safe from these people.  A test case is that of Andy Johnson who faces fines and criminal penalties for building a pond on his property.

Andy and Katie Johnson built a stock pond on their 8-acre Wyoming farm. They filled it with clear water, fish, ducks and geese. His horses used it to drink and graze.

Johnson family

Johnson family

All went well until the EPA went after the family for violating the Clean Water Act and threatened Andy Johnson with civil and criminal penalties including fines of $75,000 a day.

Andy Johnson has vowed to go bankrupt before he pays the government a dime. He wants to teach his children to not back down.

The EPA claims the Johnsons built a dam on a creek without a permit from the Army Corps of Engineers. The EPA charges the pond discharges into other waterways. Johnson says it’s a pond to attract wildlife which is exempt from Clean Water regulations.

Johnson says a letter from the Wyoming State Engineeer’s Office proves he followed state rules.

The EPA claims they have the final say and they won’t back down.

Johnson felt hopeless when he received the EPA order, but he now has three Republican lawmakers helping him. Wyoming Senators John Barrasso, Mike Enzi, and Louisiana Sen. David Vitter are supporting him. They sent a March 12th letter to the EPA’s acting Assistant Administrator demanding the EPA withdraw the compliance order which “reads like a draconian edict of a heavy-handed bureaucracy”.

Johnson has 60 days to hire a consultant to assess the impact and to schedule restoration work on his own property.

He didn’t build a dam, he built a stock pond but that’s irrelevant to the EPA.

We are getting a taste of what the EPA plans to do to landowners in this country.

Proposed EPA rule changes will redefine what bodies of water the government agency can oversee under the Clean Water Act, changes which would give them a say over ponds, lakes, wetlands, streams, whether they are natural or man-made, no matter if it’s on public or private property.

The EPA expects to control all the water and land in this country.

When this issue was brought to the attention of the public, it was dismissed as a conspiracy theory. It’s not.

The EPA is redefining the meaning of the word ‘water’ so they can seize control over all water and, as a consequence, all private property in the United States.

The Supreme Court of the United States has defined the meaning of ‘water’ as ‘navigable water.’ The EPA seeks to redefine the meaning of water as all ‘connected water,’ and they are seeking to define ‘connected water as all water, so they can assume power to regulate every body of water in the United States. Any water, even ditches, on private property will be controlled.

The EPA is using a bogus study which says all water is connected to one another deep under the earth. It would mean even puddles, ponds, and ditches along with streams and rivers fall under their jurisdiction. EPA’s Gina McCarthy is an extremist and she is running this show.

This has been in the works since Mr. Obama entered office and it took place to a lesser degree under Bill Clinton.

The EPA has long wanted to control property because it has something as insignificant as a ditch on it. Proof lies in the story of Dexter Lutter, which you can read about on this link.

If you want to know how extreme the EPA is, read about this attack on oil and gas. Remember the case of the Sacketts who wanted to build their dream home? How about the time they fined companies for non-existant fuels? How about the ongoing land grabs to save the Mississippi Gopher Frog?

The EPA is run by extremists in the environmental justice movement. Some states have been fighting back. Read about that side story on this link.

The EPA attempted to seize control over large bodies of water in Virginia recently. It was stopped, but without Ken Cuccinelli to fight it, and with the opportunists and far-leftists now in charge, they might now succeed. Read more on this link.

The Environmental Protection Agency has long embodied the worst regulatory extremism found in the federal bureaucracy.

Listen to Judge Napolitano explain:

Gina McCarthy explains here that she will use her pen and phone, she doesn’t need to wait for the proposed rules to go through:

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Sara Noble

Sara Noble

Sara Noble, B.A. English Literature, St. John's University; M.S. Education, M.A. Administration, Hofstra University. World traveler. Worked with children as a teacher and school administrator for three decades. Published in educational journals, children's mystery magazines, and was an editor at This Week Magazine. I am devoted to an America that promotes free enterprise and ingenuity, values the Constitution as intended, and does not encourage a nanny state under the casuistic banner of "the common good". 

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  6 comments for “EPA Threatens Wyoming Man for Building a Pond on His Property

  1. bobmontgomery
    March 14, 2014 at 10:23 pm

    Education – not in the Constitution. Health – not in the Constitution.
    Environment – not in the Constitution.

  2. March 14, 2014 at 10:45 pm

    In the devil’s world, durable peace, human equality, and total control of the environment will always be fantasies. (Doesn’t mean the control tyrants won’t try as evidenced here) Such cosmic panaceas are merely guaranteed methods for eliminating personal freedom, the key to human happiness, the key to maximum function of human volition. Under the influence of evil, egotistical policy makers and their malcontent, insecure constituents fall for these notions and play right into the hands of Satan.

  3. March 15, 2014 at 8:09 pm

    Another clear case of the EPA going far beyond what it should be doing. Which is another fine example of how the federal government and the entrenched bureaucracy is slowly destroying America from within.

  4. BADoyle
    March 15, 2014 at 10:51 pm

    How can Americans help stop the EPA bullies. Where can we donate to help Andy and Katie pay the bills?

  5. gatman7
    gatman7
    March 16, 2014 at 12:46 am

    Top priority for Marxists is the abolition of private property. Whoever controls property’s use is the de facto owner.

    If the Supreme Court defined “navigable” water as the purview of EPA regulation, show me how a vessel can navigate from one body of water to another through an underground aquifer.

  6. March 15, 2014 at 8:25 pm

    It is a much more serious problem than many people might imagine. Eminent Domain has been abused, both by local, state, and federal officials. Whatever happened to individual freedoms and personal liberty?

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