ToDaZeD Clarification

drip… drip… drip…

Ya heard about the latest EPA rule, Waters of the United States?

The rule will ensure protection for the nation’s public health and aquatic resources, and increase CWA [Clean Water Act] program predictability and consistency by clarifying the scope of “waters of the United States” protected under the Act.

Every time they use the word clarifying, beware. It’s almost as if they enjoy flagging their power grabs. Insofar as predictability and protection, see the case of the Sacketts:

…who were told by EPA — and by the Ninth Circuit — that they could not get direct court review of EPA’s claim that their two-thirds of an acre parcel is “wetlands” and that they must obey a detailed and intrusive EPA “compliance” order, or be hit with fines of up to $75,000 per day.

… a 0.63-acre parcel [ in a platted subdivision with water and sewer hook-ups which they bought] for $23,000.

There’s your predictable protection.

Here’s yer ‘science’:

Peer-reviewed science and practical experience demonstrate that upstream waters, including headwaters and wetlands, significantly affect the chemical, physical, and biological integrity of downstream waters by playing a crucial role in controlling sediment, filtering pollutants, reducing flooding, providing habitat for fish and other aquatic wildlife, and many other vital chemical, physical, and biological processes.

“Upstream waters” means, well, every drop.

Here’s your handy-dandy, pocket ad hominem just in case of push-back:

“The only people with reason to oppose the rule are polluters who threaten our clean water,” senior White House adviser Brian Deese told reporters during a conference call. He added that the rule “is based on common sense. … The status quo is rife with unsustainable confusion over what’s protected and what’s not.”

Evial “polluters” lacking in “common sense” who have the audacity to think that “all the waters belong to all the people” — to be administered and “protected” by the EPA and ACE — might be a power and freedom grab. Like these people:

…Texas, Louisiana, and Mississippi have filed suit in Houston. Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, North Dakota, South Dakota, and Wyoming have filed suit in a separate case to have the rule overturned.

Where’s Kleptofornia, you ask? Hahahahahhahahahahahhahahahahaha.

The EPA swears it isn’t true, but Texas Attorney General Ken Paxton (R) claims the way Environmental Protection Agency bureaucrats define “navigable waters” under the Clean Water Act, known more officially as the “Waters of the United States” rule, means everything from ditches and dry creek beds to gullies and isolated ponds formed after a big rain could be considered a “water of the United States.”

Yanno. The rain that drips off your roof [into your rain barrel?], the storm waters gushing out of that gopher hole, the puddle in your driveway….
All Your Waters R Belong To US. …which is them.

What effect does that have? It makes it dang near impossible to live in a rural area. [Remember, any land is worthless without water.] Impossible to farm or ranch. To retire to a fishing lake. To live anywhere other than an 800 sf apartment over your workplace, in a walkable neighborhood near Smart Train public transportation. Sustaaaainably

“The EPA’s new water rule is not about clean water — it’s about power,” Paxton said. “This sweeping new rule is a blatant overstep of federal authority and could have a devastating effect on virtually any property owner, from farmers to ranchers to small businesses.”

All waters. Under control of folks like this guy:

The EPA’s highest-paid employee and a leading expert on climate change was sentenced to 32 months in federal prison …for lying to his bosses and saying he was a CIA spy working in Pakistan so he could avoid doing his real job.

…he used the time “trying to find ways to fine tune the capitalist system” to discourage companies from damaging the environment.

The regulations that will protect The Waters of The US include a 100 ft to 500 ft setback — a no-go zone within which one is not allowed to so much as bend a branch nor trod a blade of grass — much less remove invasive weeds like blackberry or poison oak/ivy — with big fines for doing so. To protect the water temperature for the fish. This protection includes ditches which only carry water directly after large storms and man-made, cement-lined run-off ditches. These regulations are already in place in many counties.

Louisiana Attorney General James “Buddy” Caldwell (R) joined the other attorneys general who argue in the suit that the rule violates the Commerce Clause of the Constitution and the federal Administrative Procedures Act, and that the rule infringes upon states’ sovereignty rights granted under the 10th Amendment.

Oh, look, another Proggie goal: decreased state control.

“Our farm ponds and drainage ditches, even our backyards, could be subject to costly and burdensome federal regulation under this absurd rule set forth by the EPA,” Caldwell said. “We are confident that the courts will recognize this as an illegal power grab and will prevent the federal government from intervening in state matters. This rule would require the states to spend our scarce tax dollars regulating dry creek beds, for example.”

Here’s a little moar push-back:

The Senate Environment and Public Works Committee voted to block the new rule more than two weeks before it was officially announced.

“This bipartisan legislation would stop the final rule and make the EPA and the Corps of Engineers go back and redo it,” Committee Chairman Jim Inhofe (R-Okla.) said. “This time, they cannot avoid consultation with states and local governments, they will have to do a full economic analysis, including an unfunded mandates analysis, they will have to review the impacts on small businesses and small local government.”

swell… Another bureaucracy [which will never go away] and more of our $$$$ spent just to fight Teh Stoopud and The Power-Hungry.

Ya can’t win.
Ya can’t break even.
Ya can’t get out of the game.


  1. Ironic in Denver
    Posted July 14, 2015 at 12:17 pm |

    Previously featured headwaters that the EPA will surely want to regulate:

  2. geezerette
    Posted July 14, 2015 at 12:53 pm |

    Oh c’mon it doesn’t mean they are going to take away everyones guns—- silly you.
    Oh c’mon they don’t mean they’ll control all the water in the country—–silly you.
    Oh c’mon no one is trying to stop anyone from using their free speech— or any freedoms in this country– silly you.

  3. DougM (quiet, keeps to himself, kind of a loner, nobody thought he’d do anything like this)
    Posted July 14, 2015 at 1:35 pm |

    If they control your water, they control your life.
    Prepare to stand in line on your assigned day at the gov’t water truck/pump.
    Bring your ration card.

    When central gov’t controls all the water, there will be water shortages and rationing.

  4. SondraK, Queen of SondraKistan
    Posted July 14, 2015 at 1:47 pm |

    “regulating dry creek beds”
    LOL! Metaphor of the week!

  5. DougM (quiet, keeps to himself, kind of a loner, nobody thought he’d do anything like this)
    Posted July 14, 2015 at 1:48 pm |

    ^ Wadi ya talkin’ about?

    (sorry … so very, very sorry)
    [slinks out to take TR6 out for a couple'a hours drive as punishment]

  6. mech
    Posted July 14, 2015 at 7:44 pm |

    Does it regulate the stomach acid produced when I read this? Or just after I deliver it to the ground, forming a navigable body?

  7. Colonel Jerry USMC
    Posted July 16, 2015 at 10:34 am |

    For over 10 years I have owned a house in California that has a ditch at the end of my 1/2 acre back yard. Mostly it is dry but at times it is full of water flowing down to Lake Wildwood, a large lake but only 18 feet deep.Am I gonna be accountable for the water that flows about 25 feet through my property? And only about 4 or 5 times for a day or so in a year?