Filed under: Bureaucracy, Domestic Policy, Junk Science, Law, Media Bias, Politics, The United States | Tags: EPA & USACE, EPA Power Grab, The Clean Water Act
We have complained about Congress’ inclination to pass a broad law and turn the clarifying, defining and rulemaking functions over to a federal agency. That’s not quite fair, except in the case of the Clean Water Act (CWA).
The Clean Water Act regulates the discharge of pollution into navigable waters. Rather than limit the definition of “navigable waters” to mean waters that are interstate and navigable in fact—the Clean Water Act broadens the definition of “navigable waters” so as to include non-navigable waters in order to give federal regulators a greater degree of environmental oversight. It was passed in 1972, with some specific exclusions, and has been a fairly steady source of litigation ever since.
In 2006, in Rapanos v. United States, four left-leaning justices ruled that there are no limits on federal jurisdiction. Four right-leaning justices ruled that federal jurisdiction is limited to “relatively permanent, standing, or continuously flowing bodies of water forming geographic features.” One justice (Kennedy) wrote that a water or wetland constitutes “navigable waters” under the Act if it possesses a “significant nexus” to waters that are navigable in fact or that could reasonably be so made. You see the problem.
In May of this year, the EPA and the USACE (the Army Corps of Engineers) interpreted the Rapanos decision in the broadest fashion they could and promulgated the “Waters of the United States” rule, supposedly to clarify federal jurisdiction.
- The EPA colluded with environmental special interests at the Sierra Club to manipulate the public comment period, in possible violation of federal anti-lobbying laws, as reported by The New York Times.
- Also, the EPA ignored state input during the public comment period, in blatant contravention of the principles of cooperative federalism established by the Clean Water Act.
It’s all based on the term “significant nexus,” and ephemeral streams were added to federal jurisdiction, so all the feds have to do is claim jurisdiction—ant the argument can be made that everything is connected. Including ponds, ditches and puddles.
U.S. District Judge Ralph Erickson of North Dakota issued a temporary injunction against the rule, which gives the U.S. Environmental Protection Agency and Army Corps of Engineers authority to protect some streams, tributaries and wetlands under the Clean Water Act. The rule was scheduled to take effect Friday.
“The risk of irreparable harm to the states is both imminent and likely,” Erickson said in blocking the rule from taking effect.
Thirteen states led by North Dakota were involved in the lawsuit: Alaska, Arizona, Arkansas, Colorado Idaho, Missouri, Montana, Nebraska, New Mexico, Nevada, South Dakota and Wyoming.
August 28, Headline, Fox News: “EPA says clean water rule in effect despite court ruling” (Heather MacDonald: “lawlessness breeds lawlessness”) Apparently— never mind the federal court, we’re going to do what want! The EPA says the rule will safeguard drinking water for millions of Americans. Well, of course you have noticed the millions of Americans dropping dead from drinking puddle water and ditch water. The American Farm Bureau has declared war. Lawsuits to block the regulation are pending across the country, Congress has moved to thwart it, The White House has threatened to veto. Opposition, however comes from both parties, businesses and most states.
The EPA has become known as an out-of-control rogue agency, and is probably the most hated agency in the government— though that designation may be up for grabs. When the head of the executive branch makes law on his own, ignores laws at his pleasure, and in general ignores his sacred oath, the agencies under his direction do the same. “Lawlessness breeds lawlessness.”
In the wake of the Gold King Mine spill of 3 or more million gallons of toxic mine tailings into the Animus River, turning the river a nasty mustard color, the EPA is undoubtedly anxious to get news about their agency out of the nation’s consciousness.Bad timing. Now that the toxic waters have progressed to Lake Powell and past, the media has quietly dropped the daily pictures—just as they are about to reach Grand Canyon National Park. There is a limit to the amount of bad news an agency can cope with.
Filed under: Bureaucracy, Democrat Corruption, Economy, Environment, Junk Science, Media Bias, Progressivism, Regulation | Tags: A Disgraced Agency, Media Coverage, Obama Administration Fail
Have you noticed that there is not a lot of media coverage about the big EPA toxic mine tailings spill? Have you noticed that EPA Administrator Gina McCarthy is not out in the Navajo lands consulting with Navajo Nation president Russell Begaye? The spill has been quietly upped from one million gallons to three million gallons, but that’s pretty complicated math and probably nobody knows.
This is very big and very bad news for the EPA and for the Obama Administration. It has been six days, and we still don’t know just what happened, just how toxic the surge is, and how long-lasting it will be. They have spoken of toxic metals, lead, arsenic, cadmium (which I assume is responsible for the yellow color) and what else? There are lots of farms and ranches. How do they cope with water being trucked in, and what do they do with their livestock?
Perhaps the national press will take notice when the plume of yellow muck reaches the Grand Canyon National Park. I have been interested to see the utter contempt with which many seem to regard the Environmental Protection Agency.
Filed under: Capitalism, Domestic Policy, Economy, Education, Foreign Policy, Immigration, Media Bias, National Security, Politics, Regulation, Unemployment | Tags: "An Infusion of Talent", Real Questions not Gotchas, The Media Problem
I wasn’t really pleased with the debate last night. Republicans have a stunning array of outstanding candidates. The two-tier format relegated some to a lesser tier that everyone is trying to find a better name for, because at this point so early in the campaign this was just the first introduction of many of these governors of ‘other states’ whose faces and ideas were unfamiliar, and polls this early are meaningless. The media, of course, cannot wait to make a dramatic horse race of it.
Republicans have a deep, talented field and it is going to be hard to choose among them. Each of us has some we would eliminate right off, but those might well be someone else’s favorites. I don’t favor the media’s “gotcha” questions. “You said something entirely different last month is Kalamazoo, which statement do you actually mean?” That’s not what I want to know.
I cannot remember a time when there were so many deeply serious questions. The president has decided to ignore our three houses of government and take legislative function into his own hands, what do we do about it? Many believe that President Obama’s “Iran Deal” signs a death warrant for America and Israel, as that is Iran’s clear aim. Our president cannot bring himself to say ‘Islamic terrorism’ or ‘Islamic radicalism’ which has clearly had an effect on our foreign policy?
What does Obama intend by surrendering to Cuba, and what does he hope to gain and why? With so many trouble spots all over the world, why are we attempting to reduce the size and effectiveness of our military forces? With so many cyber-attacks on our national security and government computers, what would you do about it? Is there any other country in the world where the government subsidizes abortion and selling the body parts, or bodies, of aborted babies? Why should we be the leader in this ghoulish practice?
The president’s unilateral “Clean Power Plan” intends to arbitrarily remove more than 30 percent of our electricity-generating capacity from the national grid, for what many believe is completely flawed reasons, in the face of a world that is not warming, but growing colder. Cold kills. What would you do about it? Vladimir Putin has just laid claim to the North Pole. China has claimed the South China Sea and intends to defend their claim with artificial islands it is building. Your response? This has been the worst recovery since World War II. How would you turn it around? Our economy over the last 7 years has been one of exceptional growth of government, and even more, one of excessive regulation. What would you do about that?
If we are deeply troubled by the problems we face, we want to know which candidates are also troubled, and what they believe are the potential answers. The Democrats got us into this mess.
Moderators seem to believe they must ask hard questions, but those they think of as ‘hard’ are not the ones we’re worried about. And I know I’m leaving out a lot. Trump is whining that the moderators weren’t nice to him.
Filed under: Foreign Policy, Humor, Media Bias, Terrorism, Democrat Corruption, Law, National Security, The United States, Iran, Intelligence | Tags: Andrew Klavan on the Culture, Calling a Threat a Threat, Responding to Progressive Outrage
Former Governor Mike Huckabee was recently discussing President Obama’s Iran Deal with Breitbart editor-in-chief Alexander Marlow. Mr. Huckabee said “This president’s foreign policy is the most feckless in American history. It is so naive that he would trust the Iranians. By doing so, he will take the Israelis and march them to the door of the ovens.”
When the corrupt media considered this it instantly became clear that every Republican will be required to respond to it. When a Democrat, like Hillary Clinton, is going to appear on “Meet the Press”, a venue where she might say something untoward, the Media feeds her the questions to be asked in advance, so she can prepare —as has been revealed by the latest dump of Hillary’s emails.
Andrew Klavan, a Republican, presumed that he would be asked for his response to the Huckabee remark: Here it is.
I am absolutely shocked that Governor Huckabee would make reference to the Holocaust when discussing a deal that endangers the lives of six million Jews. Why, it’s so absurd — Jon Stewart ought to make one of his funny faces about it. God, I love those. Are they hilarious or what? Just because the president wants to virtually guarantee nuclear weapons to a regime dedicated to Israel’s destruction, that’s no reason to go around getting all Holocausty about it. It’s a completely ridiculous comparison. For one thing, these are totally different Jews we’re talking about killing here. And for another thing, Adolf Hitler was evil. President Obama is just narcissistic and morally obtuse. So when these Jews die, it’ll be different. Okay, not for them, but I mean for us, later, when we make excuses about it. Governor Huckabee should apologize at once. Especially for those music segments on his old Fox show.
That strikes me as a pretty fair response to Progressive outrage.
Filed under: Africa, Capitalism, Developing Nations, Economy, Education, Foreign Policy, Freedom, History, Media Bias | Tags: Free Market Capitalism, Societal Transformation, Understanding What's Important
Leon Louw is an author, policy analyst, and executive director of the South Africa-based think tank: The Free Market Foundation. “Thank goodness people are ‘exploiting ” Africa by buying things from it, by investing in it, by employing people in it,” he said. “The worst thing that would happen is if people decide to stop exploiting Africa.”
The statement might sound provocative, but Louw is responding to a a pair of critiques he hears often: That economic development is akin to exploitation and that the gap between rich and poor is growing dangerously large. But Louw says that the focus on economic inequality is a distraction from a more important metric.
“The world is experiencing the most amazing accomplishment of humanity: The virtual elimination of poverty,” says Louw. “It’s strange that as that happens, we are talking about it as if there is more of it.”
Another illustration of “One of the Most Remarkable Achievements in Human History.”Some good news to be celebrated. The Decliners are sure that there is more poverty, more unfairness, more decline. About 9 minutes long. It is getting really hard to get a straight, true look at the state of the world. Those things which are hard and bad are ignored, misunderstood, and the dangers made light of. And the good things? We don’t even know they are happening. It would be helpful if there was way less talk about the supposed gap between the rich and the poor, and a lot more appreciation for free market enterprise that moves people out of poverty.
Filed under: Freedom, History, Media Bias, The United States | Tags: History, slavery, Stars and Bars, Symbols?
After the dreadful racist murders of nine black members of Emmanuel African Methodist Episcopal Church in Charleston, South Carolina, some member of the media called attention to the Confederate battle flag on the South Carolina Capitol grounds, and the media was off and running. Unable to adequately express their dismay, which I assume — they went for the flag.
The flag did not fly over the capitol, but over the Confederate memorial on the Capitol grounds. The conversation quickly moved from the nine murdered church members to the flag as a ‘symbol of racism.’ Governor Nikki Haley promptly said they would take down the flag to end any offense from its presence. It had been placed over the Confederate memorial by a Democrat governor and a Democrat legislature at the time of the Civil War Centennial and would take a 2/3 vote of the legislature to remove.
That wasn’t enough for some members of the media, who began advocating for the removal of Confederate flags everywhere. Retailers said they would no longer sell the flag. Then they went for the statues of Confederate heroes. Monuments were defaced, names of streets and towns named after Confederate heroes should be changed, and some nitwit from CNN even suggested that the Jefferson Memorial in Washington D.C. should be torn down because Jefferson owned slaves. Congratulations! You have managed to match the tactics of ISIS and the Taliban.
The Civil War is over. The South lost and surrendered unconditionally. History is a record of the past, things that actually happened. The Civil War, (The War Between the States), was a dreadful war, the most deadly ( 620,000 dead) in our history. It was a war over the Union and the South’s right to secede. It was a war over the institution of slavery — but to the South it was a war over their entire economy which depended on producing cotton for English textile mills. Sixty percent of American exports at the time were cotton for the mills of Britain — and some 440,000 workers in Britain were employed in the textile industry.
Slavery was a great evil, but it was the norm all over the world, and most people just accepted it as the way things were. The British killed the slave trade between Africa and the new world, and we followed suit. It is estimated that about 88 percent of the transatlantic slave trade went to the sugar islands and South America, and only about 12 percent came to America (per Wikipedia) Am I apologizing for slavery? Certainly not. It has taken a long time to get over the Civil War, a long time for the Southern economy to recover. and a long time for blacks to become full and valued participants in every segment of society. It’s all just a lot more complicated than those who are squawking about the symbolic racism inherent in any display of the Stars and Bars. Read some history. Please!