A federal judge issued a nationwide injunction Thursday against the Trump administration for delaying the Obama-era Waters of the United States rule.
Some judge in a U.S. District Court in South Carolina is forcing the President to abide by a ‘rule’ passed by the prior administration.
A GOVERNMENT TAKEOVER BASED ON FAKE STUDIES
Obama’s rule was a re-wording of a law on the books using fake studies.
The EPA claimed that all water is connected underneath the earth based on bogus studies which the Obama officials used to assume control over water on private property. Waterways were no longer defined as navigable under this rule, hence even ditches could be controlled.
The EPA insisted that the rule merely clarified which smaller waterways fall under federal protection after two Supreme Court rulings left the reach of the Clean Water Act uncertain. Those decisions in 2001 and 2006 left 60 percent of the nation’s streams and millions of acres of wetlands without clear federal protection, according to EPA, causing confusion for landowners and government officials.
That was patently untrue. There was no confusion. It was a ruse to seize control.
The EPA had assumed jurisdiction over ditches – ditches that flow from streams – tributaries, streams, and other small waterways. Every farmer, rancher, land developer and landowner is now subject to federal enrichment actions under the Clean Water Act if they have small waterways on their property.
More taxes, more regulations, more bureaucracy heaped on farmers, ranchers and land developers by an enormous, incompetent government agency.
THE JUDGE IS ALLOWING AN OBAMA RULE TAKES PRECEDENCE OVER THE CURRENT PRESIDENT
These lawsuits with cooperative judges are meant to destroy the President’s agenda. They win on technicalities or just plain bias.
This decision means that the so-called Clean Water Rule is again operative in 26 states where district courts have not halted the regulation.
Former Environmental Protection Agency Administrator Scott Pruitt signed a finalized regulation in February delaying the Waters of the U.S. rule until 2020 to allow the agency to go through a process of rewriting a more modest version of it.
Opponents said the EPA avoided the customary 30-day waiting period between the rule’s finalization and its effective date. They claim it circumvented the Administrative Procedures Act, or APA.
It’s as if Barack Obama and Gina McCarthy never left.
Another big legal setback for Trump’s EPA — a federal judge rules that their effort to suspend Obama’s Waters of the U.S. rule didn’t follow proper procedure. The rule is now going into effect in 26 states: https://t.co/ndIgwzlZxj
— brad plumer (@bradplumer) August 16, 2018