Today’s EPA: A virtual River of Waste
A recent set of guidelines has been proposed by yet another dysfunctional and totally worthless federal agency, the Environmental Protection agency. (EPA) Although the proposed guidelines do not have the full force and effect of law, regulatory decisions could still have an impact. (Not only do they not have the full force and effect of law, the only place they can be applied with any authority is in the District of Criminals.)
If the proposed guidelines do NOT have the full force and effect of law as admitted……create all the regulations you like……but stay out of my state!
The EPA, the agency that has given a pass to gas and oil cartels on everything from the Clean Air Act, The Clean Water Act and virtually any other environmental protections, is now coming after water on private lands. This is the same agency that expended huge amounts of money collecting cow farts in order to create a system of fee permits (taxes) that could be applied to every cow. That didn’t quite get off the ground.
This 2009 documentary will give you an idea of the proficiency and clarity with which the EPA operates on a daily basis. If you can get through this documentary without getting sick,… good for you! And keep in mind that the EPA was fully aware of the massive and continuing contamination of coastal and inland waterways when all this was taking place. They refused to act until areas like Chesapeake Bay were rendered virtual dead zones.
River of Waste: The Hazardous Truth About Factory Farms
The feds, unable to pass the 2007 Clean Water Restoration Act, then passed The CLEAR Act 2010, meant to wrench the ownership, rights and control over inland water sources and supplies, by simply shipping these legislative messes over to the EPA to implement by regulation. Most importantly, EPA is now attempting to change the term “navigable waters” which limits federal encroachment and interference not only in-state, but also on privately owned lands. The new term, “waters of America” is a literal opening of the federal government flood-gates. This word swap would put all waters, from any source whatsoever under the control and ownership of the federal government.
The bulk of the CLEAR act is simply the creation of new bureaucracies and seizing of states assets and natural resources. The bill lays the framework for the enlargement of the Department of Interior, The Bureau of Land Management and not surprisingly, the Coast Guard.
There is one other very important point that absolutely no one is talking about. In 2003 the Coast Guard came under control of the Homeland Security monstrosity. Now controlled and regulated by HSD, the Coast Guard is empowered to patrol ALL “waters of America”. Unfortunately for HSD, the District of Criminals has run into some difficulty in convincing the states that the Fed should own and control all waters.
Should the word swap EPA is attempting to regulate into existence become a reality even on the land the Coast Guard could cite you, ticket you for some infraction and unilaterally make the determination as to whether you appear in military tribunal or public court.
The Coast Guard is already empowered
Further law enforcement authority is given by U.S.C. § and U.S.C. § , which empower U.S. Coast Guard active and reserve commissioned officers, warrant officers, and petty officers as federal customs officers. This places them under U.S.C. § a, which grants customs officers general law enforcement authority, including the authority to:
(1) carry a firearm;
(2) execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States;
(3) make an arrest without a warrant for any offense against the United States committed in the officer’s presence or for a felony, cognizable under the laws of the United States committed outside the officer’s presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and
(4) perform any other law enforcement duty that the Secretary of Homeland Security may designate.
What is very apparent in this summary of what the Proposed Guidelines do and do not cover, is the intent to stretch the reach and control of not only the EPA, but also the U.S. Army Corps of Engineers along with the newly inland enabled Coast Guard to act as part of a national police.
Summary of Key Points in the Proposed Guidance
Based on the agencies’ interpretation of the statute, implementing regulations and relevant caselaw, the following waters are protected by the Clean Water Act:
Traditional navigable waters
Wetlands adjacent to either traditional navigable waters or interstate waters
Non-navigable tributaries to traditional navigable waters that are relatively permanent, meaning they contain water at least seasonally
Wetlands that directly abut relatively permanent waters
In addition, the following waters are protected by the Clean Water Act if a fact-specific analysis determines they have a “significant nexus” to a traditional navigable water or interstate water:
Tributaries to traditional navigable waters or interstate waters
Wetlands adjacent to jurisdictional tributaries to traditional navigable waters or interstate waters
Waters that fall under the “other waters” category of the regulations. The guidance divides these waters into two categories, those that are physically proximate to other jurisdictional waters and those that are not, and discusses how each category should be evaluated.
(Please note in theis next section the word “generally”, meaning they can re-interpret, revise and re-regulate at will)
The following aquatic areas are generally not protected by the Clean Water Act:
Wet areas that are not tributaries or open waters and do not meet the agencies’ regulatory definition of “wetlands”
Waters excluded from coverage under the CWA by existing regulations
Waters that lack a “significant nexus” where one is required for a water to be protected by the CWA
Artificially irrigated areas that would revert to upland should irrigation cease
Artificial lakes or ponds created by excavating and/or diking dry land and used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing
Artificial reflecting pools or swimming pools created by excavating and/or diking dry land
Small ornamental waters created by excavating and/or diking dry land for primarily aesthetic reasons
Water-filled depressions created incidental to construction activity
Groundwater drained through subsurface drainage systems and
Erosional features (gullies and rills), and swales and ditches that are not tributaries or wetlands
In summary, all that is happening is simply the efforts to seize control of all water from any source whatsoever, (even the rain off your roof) as water is converted from a human right to a global commodity. Several hedge funds are already selling water commodities as investments.
We have only to look at the massive environmental damage that has been the result of EPA interference in the states, to know that this agency is not the least bit concerned with water conservation, safety or availability. Its all about the money!