Most Dangerous EPA Power Grab Over Private Property To Date

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The EPA hopes to expand oversight over private property across the nation with a new rule. They are using a study they produced to do it. If they succeed, it will require anyone with a puddle on their property to get federal government permission to do any building on their own property.

The EPA released a draft report from its independent advisory board on how smaller waterways relate to larger lakes and rivers. It is a first step in allowing the EPA to establish authority over small bodies of water – virtually every puddle, even if it is in your backyard. It takes unprecedented power from the states and private property owners.

“The EPA wants to use this study to justify a massive regulatory power grab under the Clean Water Act,” said Rep. Lamar Smith (R-Texas), chairman of the House Science, Space and Technology Committee, in a statement. “The study could be used to expand EPA’s control far beyond interstate waters, stripping away the power of states and allowing the EPA to regulate virtually every mud puddle in America. The EPA should slow down, and allow a full and fair review of the study in context by the public and independent scientists.”

This rule would be enacted under the insidious and much abused Clean Water Act. The EPA claims they want to clarify the role of the EPA in protecting larger lakes and rivers downstream. They say they are clearing up confusion resulting from two Supreme Court cases. In fact, they are planning an end-run around the Supreme Court decisions limiting their power.

“In light of the significant implications this action would have on the economy, property rights, and state sovereignty, this process must be given more thought and deliberation to allow for important, statutorily-required, weighing of the scientific and technical underpinnings of the proposed regulatory changes,” Smith and Stewart wrote in a letter to the EPA on Friday.

Smith is the chairman of the House Science, Space and Technology Committee, and Stewart leads its environment subcommittee.

Judge Napolitano explains in the following interview:

Go to the hill for more information.

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