Cebu_4_2
1st June 2011, 05:35 PM
Land Rights Network
American Land Rights Association
PO Box 400 – Battle Ground, WA 98604
Phone: 360-687-3087 – Fax: 360-687-2973
E-mail: alra@pacifier.com
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE – Washington, DC 20003
EPA-Corps Bypassing Congress With New Clean Water Regulations
*Deadline*--Comments Must Be Received On Or Before July 1, 2011.
Urgent Action Required By All Landowners –
This is the largest grab of power, expanded government regulations,
water and land use controls yet by the Obama Administration.
The new EPA-Corps Guidance (regulations) will give the EPA and Corps
of Engineers control over most private property and Federal lands.
The new regulations seek to overturn the Rapanos and Swancc Supreme
Court Decisions of 2006 and 2001 that limited the wetlands regulation
jurisdiction of the EPA and Corps of Engineers to navigable waters as
passed by Congress in the Clean Water Act.
*Action Items:*
-----1. Call, fax or e-mail your Congressman to request him or her to
ask the Obama Administration for a 90-day extension beyond the July
1st deadline to the limited comment period now offered.
Any Congressman can be called at (202) 225-3121. When you call, ask
for their e-mail and fax addresses if you do not already have them.
-----2. Call, fax or e-mail both your Senators asking them to
strongly request the Obama Administration to extend the comment
period by 90 days. Any Senator may be called at (202) 224-3121.
-----3. Do not assume an extension to the deadline will be granted.
The Obama Administration has a history of ignoring Congress and doing
what they please. Make sure you submit your comments by July 1st. A
letter will do. You can submit from one page to many pages.
-----4. Go to www.landrights.org <http://www.landrights.org/>
to see the next e-mail ahead of time and get copies of the Comment
Questionnaires you can use to help you get comments out. Be sure to
personalize them. Make them your own.
Your comments are critical because they can provide the basis to sue
the Obama Administration over the EPA and Corps of Engineer Clean
Water Act Regulations (Guidance) later.
There is a concept in law called “laches, or sleeping on your
rights.” If you fail to participate in the official comment period,
you may have difficulty in the future defending your rights in court.
E-mail Comments To: ow-docket@epa.gov <mailto:ow-docket@epa.gov>
Write in the subject line: EPA-HQ-OW-2011-0409
You can get sample Comment Questionnaires to use to send by going to
www.landrights.org <http://www.landrights.org/>
. Go to o the top of the home page. Just use one of the formatted
Comment Questionnaires.
We’ll be sending another email on the issue in a few days with far
more detail. Please take action as soon as you can.
Background:
EPA seeks to expand its authority over U.S. waters
The Environmental Protection Agency (EPA) released its newly updated
“Draft Guidance on Identifying Waters Protected by the Clean Water
Act” on May 2nd, a move that could potentially expand the
Environmental Protection Agency (EPA) and Corps of Engineers (Corps)
oversight over all U.S. waters.
Since he who controls the water controls the land, these new
slight-of- hand regulations would largely give the Obama
Administration EPA and Corps substantial controls over all private
and Federal land.
The guidance plan will, once finalized, give EPA broader authority to
regulate bodies of water that had been the responsibility of state
managers.
According to EPA’s announcement, the agency, once a 60-day posting
period lapses on July 1, 2011, will allow the federal government to
expand Clean Water Act (CWA) coverage to any and all bodies of water
which have a “significant nexus” to a traditional navigable water
or interstate water, including:
Tributaries to traditional navigable waters or interstate waters;
Wetlands adjacent to jurisdictional tributaries to traditional
navigable waters or interstate waters; Waters that fall under
“other waters” category of the regulations.
According to the EPA’s release on the guidance, the agency will
divide these “other 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.
EPA, under the Clean Water Act (CWA), will also continue to regulate:
The traditional navigable waters; interstate 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;
And, wetlands that directly abut relatively permanent waters.
The draft guidance document was published May 2nd in the Federal
Register ahead of a 60-day comment period, which ends July 1.
All landowners and Federal land users who will be subject to the
increased EPA and Corps of Engineers oversight are encouraged to
submit their comments ahead of the plan’s finalization.
According to EPA’s release, the agency intends to focus on
“innovative partnerships” with state, local, tribal and private
sector interest in their pursuit of enhanced water quality.
“This will encompass water quality standards and maximum daily load
programs governing discharges into water bodies, likely expanding the
application of the law’s water-related permitting requirements,”
agency officials stated.
However, the new grab at expanding EPA’s power to regulate U.S.
waters was met with criticism after the regulations were announced.
The National Cattlemen’s Beef Association (NCBA) said the EPA’s
push for greater reach over Clean Water Act (CWA) jurisdiction
amounted to the agency rewriting “two U.S. Supreme Court cases,”
while the agency ignored concerns from Congress.
NCBA’s deputy environmental counsel, Ashley Lyon, said the Obama
administration has once again acted as an “activist”
administration rather than simply implementing laws as intended by
Congress and required under the U.S. Constitution.
“EPA and the Corps have attempted to make an end run around two
Supreme Court decisions that limited their authority under the CWA by
issuing a draft guidance document giving field staff a plethora of
approaches to make jurisdictional determinations,” said Lyon.
“Through vague definitions and broad interpretations laid out in
this draft guidance, EPA and Corps have once again shown little
regard for the practical implications of their actions or Congress’
intentions under the CWA. Despite a letter from 170 members of
Congress opposing the guidance, EPA and the Corps have crowned
themselves kings of every drop of water in the country – except
maybe a backyard swimming pool.
NCBA said that the guidance is a clear threat to property rights,
allowing EPA and the Army Corps. of Engineers, the two agencies
tasked with CWA enforcement, unprecedented control over all U.S.
water.
Knowing that guidance documents are normally reviewed and signed off
on by all federal agencies with an interest in the subject matter,
Lyon said she is surprised that U.S. Department of Agriculture
Secretary Tom Vilsack would allow something like this document to go
through the review process given the “devastating impact” it
would have on America’s farmers and ranchers.
“This is a direct hit on the private property rights of farmers and
ranchers across this country. We will fight hard against this
administration’s continuing efforts to curtail the private property
rights of farmers and ranchers by regulating them to the brink of
bankruptcy,” said Lyon.
Many members of Congress have already expressed opposition to EPA’s
plan. The chairman of the House Agriculture Committee, in a letter
signed by more than 150 members of Congress, said the proposal is a
vast overreach by a government agency.
“While the agencies may claim that the guidance is legally
nonbinding, the truth is the administration has defined regulatory
terms that will ultimately lead to over-regulation and intrusion into
individual and states’ rights,” the letter said.
“Once again the EPA is trying to broaden its jurisdiction without
authority to do so. Changes to the regulatory scheme of the Clean
Water Act should be done through notice and rule-making or
legislative action.
Issuing a guidance document is informal and ambiguous. If this is
important to the Administration, we urge it to reconsider this
approach and move forward with a transparent rule-making process.”
A good portion of this document was taken from an article in the
Western Livestock Journal, John Robinson, WLJ Editor.
Landowners and Federal land users wishing to submit comments about
the EPA’s draft guidance can do so on EPA’s website:
http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
.
You can get a copy of the Federal Register Notice and other
background on the new EPA-Corps Guidance (Regulations) at the EPA
website above.
Send Comments To: ow-docket@epa.gov <mailto:ow-docket@epa.gov>
Write in the subject line: EPA-HQ-OW-2011-0409
If you wish to unsubscribe, please send an e-mail with
“unsubscribe” in the subject line to alra@pacifier.com. If you
know of others who would like to receive these alerts, reply with
their e-mail addresses.
You can contact Chuck Cushman, at (360) 687-3087 or send a message to
ccushman@pacifier.com <mailto:ccushman@pacifier.com>
.
Thank you for taking action on this important issue quickly.
Sincerely,
Chuck Cushman
Executive Director
American Land Rights Association
*Social Networking Update: * The American Land Rights Association now
has a Page on Facebook. Please sign on as a Fan. Also Executive
Director Chuck Cushman is now on Facebook.com.
You can also find American Land Rights and Chuck Cushman on
LinkedIn.com. We are especially active on LinkedIn.com so send an
invitation to connect and join up.
If you received this message forwarded by a friend, you should also
make sure you send ALRA your e-mail address so you will receive our
timely updates and alerts.
American Land Rights is on Twitter as AmLandrights.
Chuck Cushman is also on Twitter under SaveYourLand.
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American Land Rights Association
PO Box 400 – Battle Ground, WA 98604
Phone: 360-687-3087 – Fax: 360-687-2973
E-mail: alra@pacifier.com
Web Address: http://www.landrights.org
Legislative Office: 507 Seward Square SE – Washington, DC 20003
EPA-Corps Bypassing Congress With New Clean Water Regulations
*Deadline*--Comments Must Be Received On Or Before July 1, 2011.
Urgent Action Required By All Landowners –
This is the largest grab of power, expanded government regulations,
water and land use controls yet by the Obama Administration.
The new EPA-Corps Guidance (regulations) will give the EPA and Corps
of Engineers control over most private property and Federal lands.
The new regulations seek to overturn the Rapanos and Swancc Supreme
Court Decisions of 2006 and 2001 that limited the wetlands regulation
jurisdiction of the EPA and Corps of Engineers to navigable waters as
passed by Congress in the Clean Water Act.
*Action Items:*
-----1. Call, fax or e-mail your Congressman to request him or her to
ask the Obama Administration for a 90-day extension beyond the July
1st deadline to the limited comment period now offered.
Any Congressman can be called at (202) 225-3121. When you call, ask
for their e-mail and fax addresses if you do not already have them.
-----2. Call, fax or e-mail both your Senators asking them to
strongly request the Obama Administration to extend the comment
period by 90 days. Any Senator may be called at (202) 224-3121.
-----3. Do not assume an extension to the deadline will be granted.
The Obama Administration has a history of ignoring Congress and doing
what they please. Make sure you submit your comments by July 1st. A
letter will do. You can submit from one page to many pages.
-----4. Go to www.landrights.org <http://www.landrights.org/>
to see the next e-mail ahead of time and get copies of the Comment
Questionnaires you can use to help you get comments out. Be sure to
personalize them. Make them your own.
Your comments are critical because they can provide the basis to sue
the Obama Administration over the EPA and Corps of Engineer Clean
Water Act Regulations (Guidance) later.
There is a concept in law called “laches, or sleeping on your
rights.” If you fail to participate in the official comment period,
you may have difficulty in the future defending your rights in court.
E-mail Comments To: ow-docket@epa.gov <mailto:ow-docket@epa.gov>
Write in the subject line: EPA-HQ-OW-2011-0409
You can get sample Comment Questionnaires to use to send by going to
www.landrights.org <http://www.landrights.org/>
. Go to o the top of the home page. Just use one of the formatted
Comment Questionnaires.
We’ll be sending another email on the issue in a few days with far
more detail. Please take action as soon as you can.
Background:
EPA seeks to expand its authority over U.S. waters
The Environmental Protection Agency (EPA) released its newly updated
“Draft Guidance on Identifying Waters Protected by the Clean Water
Act” on May 2nd, a move that could potentially expand the
Environmental Protection Agency (EPA) and Corps of Engineers (Corps)
oversight over all U.S. waters.
Since he who controls the water controls the land, these new
slight-of- hand regulations would largely give the Obama
Administration EPA and Corps substantial controls over all private
and Federal land.
The guidance plan will, once finalized, give EPA broader authority to
regulate bodies of water that had been the responsibility of state
managers.
According to EPA’s announcement, the agency, once a 60-day posting
period lapses on July 1, 2011, will allow the federal government to
expand Clean Water Act (CWA) coverage to any and all bodies of water
which have a “significant nexus” to a traditional navigable water
or interstate water, including:
Tributaries to traditional navigable waters or interstate waters;
Wetlands adjacent to jurisdictional tributaries to traditional
navigable waters or interstate waters; Waters that fall under
“other waters” category of the regulations.
According to the EPA’s release on the guidance, the agency will
divide these “other 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.
EPA, under the Clean Water Act (CWA), will also continue to regulate:
The traditional navigable waters; interstate 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;
And, wetlands that directly abut relatively permanent waters.
The draft guidance document was published May 2nd in the Federal
Register ahead of a 60-day comment period, which ends July 1.
All landowners and Federal land users who will be subject to the
increased EPA and Corps of Engineers oversight are encouraged to
submit their comments ahead of the plan’s finalization.
According to EPA’s release, the agency intends to focus on
“innovative partnerships” with state, local, tribal and private
sector interest in their pursuit of enhanced water quality.
“This will encompass water quality standards and maximum daily load
programs governing discharges into water bodies, likely expanding the
application of the law’s water-related permitting requirements,”
agency officials stated.
However, the new grab at expanding EPA’s power to regulate U.S.
waters was met with criticism after the regulations were announced.
The National Cattlemen’s Beef Association (NCBA) said the EPA’s
push for greater reach over Clean Water Act (CWA) jurisdiction
amounted to the agency rewriting “two U.S. Supreme Court cases,”
while the agency ignored concerns from Congress.
NCBA’s deputy environmental counsel, Ashley Lyon, said the Obama
administration has once again acted as an “activist”
administration rather than simply implementing laws as intended by
Congress and required under the U.S. Constitution.
“EPA and the Corps have attempted to make an end run around two
Supreme Court decisions that limited their authority under the CWA by
issuing a draft guidance document giving field staff a plethora of
approaches to make jurisdictional determinations,” said Lyon.
“Through vague definitions and broad interpretations laid out in
this draft guidance, EPA and Corps have once again shown little
regard for the practical implications of their actions or Congress’
intentions under the CWA. Despite a letter from 170 members of
Congress opposing the guidance, EPA and the Corps have crowned
themselves kings of every drop of water in the country – except
maybe a backyard swimming pool.
NCBA said that the guidance is a clear threat to property rights,
allowing EPA and the Army Corps. of Engineers, the two agencies
tasked with CWA enforcement, unprecedented control over all U.S.
water.
Knowing that guidance documents are normally reviewed and signed off
on by all federal agencies with an interest in the subject matter,
Lyon said she is surprised that U.S. Department of Agriculture
Secretary Tom Vilsack would allow something like this document to go
through the review process given the “devastating impact” it
would have on America’s farmers and ranchers.
“This is a direct hit on the private property rights of farmers and
ranchers across this country. We will fight hard against this
administration’s continuing efforts to curtail the private property
rights of farmers and ranchers by regulating them to the brink of
bankruptcy,” said Lyon.
Many members of Congress have already expressed opposition to EPA’s
plan. The chairman of the House Agriculture Committee, in a letter
signed by more than 150 members of Congress, said the proposal is a
vast overreach by a government agency.
“While the agencies may claim that the guidance is legally
nonbinding, the truth is the administration has defined regulatory
terms that will ultimately lead to over-regulation and intrusion into
individual and states’ rights,” the letter said.
“Once again the EPA is trying to broaden its jurisdiction without
authority to do so. Changes to the regulatory scheme of the Clean
Water Act should be done through notice and rule-making or
legislative action.
Issuing a guidance document is informal and ambiguous. If this is
important to the Administration, we urge it to reconsider this
approach and move forward with a transparent rule-making process.”
A good portion of this document was taken from an article in the
Western Livestock Journal, John Robinson, WLJ Editor.
Landowners and Federal land users wishing to submit comments about
the EPA’s draft guidance can do so on EPA’s website:
http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
.
You can get a copy of the Federal Register Notice and other
background on the new EPA-Corps Guidance (Regulations) at the EPA
website above.
Send Comments To: ow-docket@epa.gov <mailto:ow-docket@epa.gov>
Write in the subject line: EPA-HQ-OW-2011-0409
If you wish to unsubscribe, please send an e-mail with
“unsubscribe” in the subject line to alra@pacifier.com. If you
know of others who would like to receive these alerts, reply with
their e-mail addresses.
You can contact Chuck Cushman, at (360) 687-3087 or send a message to
ccushman@pacifier.com <mailto:ccushman@pacifier.com>
.
Thank you for taking action on this important issue quickly.
Sincerely,
Chuck Cushman
Executive Director
American Land Rights Association
*Social Networking Update: * The American Land Rights Association now
has a Page on Facebook. Please sign on as a Fan. Also Executive
Director Chuck Cushman is now on Facebook.com.
You can also find American Land Rights and Chuck Cushman on
LinkedIn.com. We are especially active on LinkedIn.com so send an
invitation to connect and join up.
If you received this message forwarded by a friend, you should also
make sure you send ALRA your e-mail address so you will receive our
timely updates and alerts.
American Land Rights is on Twitter as AmLandrights.
Chuck Cushman is also on Twitter under SaveYourLand.
--
If you do not want to receive any more newsletters,
http://maillist.landrights.org/lists/?p=unsubscribe&uid=ea39ee321b7a33ec64976aca868f4e6e
To update your preferences and to unsubscribe visit
http://maillist.landrights.org/lists/?p=preferences&uid=ea39ee321b7a33ec64976aca868f4e6e
Forward a Message to Someone
http://maillist.landrights.org/lists/?p=forward&uid=ea39ee321b7a33ec64976aca868f4e6e&mid=178
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