The check is in the mail, it was the video, ….
Thus spake Obobo:
“When it comes to regulations, I’ve issued fewer regulations than my predecessor George Bush did during that same period in office. So it’s kind of hard to argue that we’ve overregulated.…”
Rly, Big Fella? So what about this?
For some time, the EPA and Corps [Army Corps of Engineers] have been trying to remove the word “navigable” from the Clean Water Act through what is called a “Guidance Document.” This would change the very meaning of the CWA to allow for such frivolous action as regulating a roadside ditch that holds water for only a few hours after a 4-inch rain.
The Guidance Document should be used to explain processes and policies of existing laws and regulations – not to expand or change the scope of current law. Importantly, a Guidance Document does not go through the rigors of the regulatory process that serve to protect the rights of the regulated community.
But, EPA and the Corps’ action to improperly use the Guidance Document to remove “navigable” bypasses congressional intent and ignores Supreme Court precedent. For the past 10 years, Congress has voted specifically and repeatedly to keep the term “navigable” in the CWA. We believe this Guidance Document is not only bad policy but is being implemented through a regulatory sleight of hand.
This isn’t only about farmers and ranchers; this includes every drop of rain that falls on every square inch of every home in every state.
The Clean Water Act (CWA), enacted in 1972, limits federal jurisdiction to “navigable” waters of the United States [PDF linky]. The U.S. Supreme Court, in 2001 and 2007, reaffirmed those limits. The Environmental Protection Agency (EPA), through regulations, guidance and other means, is seeking to expand its authority beyond the limits approved by Congress.
…Legislation to overturn those decisions …, aggressively pushed by environmental groups, would allow EPA to use the CWA to regulate activities even on dry land and even when those activities are not connected to interstate commerce.
Name one  thing ya can do without water.