American Elephants


The EPA’s Enormous Land Grab by The Elephant's Child

unofficial-stream-small-custom-e1339556645568The EPA  has just finalized one of the biggest land grabs in American history.

Just reprimanded by the Supreme Court, the EPA is anxious to try their luck again. Under the Clean Water Act, the EPA was  granted the authority to regulate the navigable waters of the United States to see that they remained clean.

Under the Clean Water Rule, all  “tributaries” will be regulated by the federal government. Broadly defined, which they intend, this means  anything moist that eventually flows into something that can be defined as a “navigable river,” including the roadside ditch above, and even smaller trickles.

Under the same rule, the word “adjacent” is stretched from the Supreme Court’s definition of actually “abutting” what most Americans regard as a real water of the United States to anything “neighboring,” “contiguous,” or “bordering” a real water, terms which are again stretched to include whole floodplains and riparian areas. Floodplains are typically based on a 100-year flood, but a separate regulation would stretch that to a 500-year flood.

And, finally, under the rule, the EPA cynically throws in a catch-all “significant nexus” test meant as a shout out to Supreme Court Justice Anthony Kennedy’s opinion in Rapanos v. United States when, in fact, the EPA’s rule makes a mockery of Kennedy’s opinion and of no fewer than three Supreme Court rulings.

Under the three approaches, no land or “water” is beyond the reach of the federal government, never mind the traditional understanding of private property or state and local control of land use.

Farmers, ranchers, dairymen and everyone in rural America are in panic mode. Not only does this rule allow the EPA onto their land, but it throws wide open to environmental group-led citizen lawsuits that promise to go far beyond what the EPA envisioned. Citizen lawsuits are controlled only by the rule. The rule carries with it fines to the tune of $37,500 a day. The EPA has a habit of imposing fines big enough to scare the accused  of whatever violation into immediate compliance.

I grew up very rural, and I’m sure city people cannot imagine the havoc this rule could cause. Although here in the Seattle area, a good portion of our lawns could be considered wetlands for a portion of the year. It rains a lot, and there is runoff. Farmers and ranchers spend a significant amount of time ditching, or controlling the flow of water where it is not wanted.

The goal of the Environmental Protection Agency has little to do with the environment, but only to do with how environmental regulation can be used to further their political goals of control, ending private property, and bringing on the utopia where everyone is, at last, truly equal. Well, except for those in charge, of course.



We Don’t Have To Observe Any Supreme Court Ruling! by The Elephant's Child

The White House said today that the Supreme Court’s decision today on the EPA overreach claiming that the costs of their regulation don’t matter — wouldn’t impact the huge pending EPA rule imposing regulations of existing power plants. I assume this is Josh Earnest posing as “the White House.” Odd.

“Obviously, we’re disappointed with the outcome,” he said. “I will say, based on what we have read so far, there is no reason that this court ruling should have an impact on the ability of the administration to develop and implement the clean power plant [ruling].”

If the administration is prepared to ignore the Supreme Court ruling, then I assume the rest of us are free to ignore the other decisions that we aren’t that convinced were rightly decided.



The Supreme Court Calls a Halt to the EPA’s Overreach by The Elephant's Child
June 29, 2015, 8:30 pm
Filed under: Domestic Policy, Energy, Law, Regulation | Tags: , ,

In the case of Michigan v. EPA, the Supreme Court addressed a matter that is genuinely outside of voter’s control, the way-too-rapid expansion of the regulatory state. The problems all began with the Clean Air Act and the Clean Water Act. The problem seemed simple to Congress. We want clean air and clean water, and that’s what the EPA should be doing.

But the EPA is an agency filled with environmental activists and zealots, fully in line with Obama’s unwarranted belief in a dangerous global warming, and sure that the correct answer is to get rid of fossil fuels,  carbon dioxide as a pollutant, and carbon in general.  The answer is to force Americans to want to rely clean energy sources like solar and wind, with no understanding that solar and wind do not produce enough energy to be a significant source of power.

The EPA wants to force all coal-fired power plants to either shut down or do a lot or retrograding to eliminate any emissions from that nasty fossil fuel.  Around 40 percent of our electricity is supplied by coal-fired power plants. The EPA’s new regulations would cost $9.6 billion annually, but the EPA claimed that it was appropriate to consider only public health risks. Well, nobody seems to know if there actually are any public health risks. They always put asthma at the top of their list of future childhood death, but the medical profession does not currently know what causes asthma, so that is a complete canard. By some estimates the cost of electricity would go up by as much as $1,200 per year for every American household.

The majority opinion, authored by Justice Antonin Scalia, found that the EPA “unreasonably” interpreted the Clean Air Act to constitute a vehicle by which the environmental regulatory agency could institute new guidelines that were all but overtly aimed at shuttering “dirty” power plants. “EPA strayed well beyond the bounds of reasonable interpretation in concluding that cost is not a factor relevant to the appropriateness of regulating power plants,” the opinion read. That’s significant; contrary to the wealth of shallow emotionality that suffices for modern political commentary, profits matter. Individual livelihoods and the economic health of the nation are still protected by the Constitution, and they should not be subordinated to environmental sustainability in the zero-sum game that has become America’s regulatory culture.



Obama wants Doctors to warn their patients that global warming could make your health worse. by The Elephant's Child

is_141117_doctor_patient_love_romance_800x600
Americans generally trust their doctors, so the White House wants these trusted medical professionals to help out in the administration’s propaganda campaign to convince the people to support Obama’s global warming campaign.

We also need doctors, nurses and citizens, like all of you”President Obama said in a taped speech presented to medical professionals gathered at the White House, “to get to work to raise awareness and organize folks for real change.

The EPA has long tried to cloak their power grab and excessive regulation under risible claims that carbon dioxide is a dangerous pollutant and must be eliminated. As Alan Carlin explained:

The much maligned carbon dioxide is not a pollutant, as EPA and Obama claim, but rather a basic input to plant photosynthesis and growth, which is the basis of life on Earth. Decreasing atmospheric CO2 levels would decrease plant productivity and therefore the food supply for the rest of the ecosystem and humans, and vice versa. Further, attempts to reduce it will prove enormously expensive, futile, harmful to human welfare, and in the longer run, to environmental improvement. It is now increasingly evident that efforts to reduce CO2 emissions by governmental coercion will have important non-environmental adverse effects in terms of loss of freedom of scientific inquiry, economic growth and development, and the rule of law.

Obama’s summit included the U.S. Surgeon General, top administration officials, and public health experts from around the country telling doctors nurses and other conference goers how to talk about global warming with their patients.

The central message: doctors should warn their patients that global warming could make their health worse. Uh huh.

As if doctors weren’t busy enough. The Surgeon General also wants them to ask their patients if they have any guns in the house. You’ve probably noticed that the inevitable paperwork you have to fill out is getting increasingly nosy. And with everything computerized, your entire medical record is open to any hacker who is interested.




%d bloggers like this: