Cebu_4_2
29th September 2011, 01:59 PM
I know it's long but important none the less, these guys are trying to completely take the world over as we know it so forward to as many as you can.
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 (http://www.landrights.org/)
Legislative Office: 507 Seward Square SE – Washington, DC 20003
Call Congress To Cut Funds For EPA Corps Wetlands Regulations
You must take immediate action!! Deadline Friday, October 7th.
If you miss the deadline, continue to make the calls until Congress
acts.
By acting quickly, you can cut off the EPA money supply. You can stop
them from going forward with their new Clean Water Act Wetlands
regulations.
You did it with Salazar’s “Wild Lands” Wilderness land grab.
You took away their money. Now it is time to do it to EPA and the
Corps of Engineers.
Don’t wait. Call now.
Senate working on money bill right now. Call your Congressman and
both Senators.
Critical to get provision in the funding bills cutting off EPA Corps
Regulation Funds.
You will win if you keep the pressure on Congress. But you must act
now. Don’t sit back and assume someone else will do it.
The EPA is under a lot of pressure for their new Clean Air
regulations. Make sure when you talk to your Congressman and both
Senators that you are talking about the EPA Corps of Engineers Clean
Water regulations. It these get through, EPA and Corps will have
jurisdiction of all your water and all your land.
Please send the new EPA Corps Testimony Questionnaire below plus your
personalized statement to Congress now. You must help stop the
jurisdiction land and water grab by EPA and the Corps of Engineers.
The first phase of the effort to stop the EPA Corps Wetlands
Regulations is over. The EPA has closed its comment period.
Now you must get Congress to put a stop to this EPA Corps of
Engineers Wetlands jurisdiction and control land and water grab.
You are actually winning. The pressure from Congress is beginning to
make the EPA wilt under the pressure. You must make more calls and
send more faxes and e-mails to your Congressman and both Senators.
Don’t let EPA and the Corps remove the word “Navigable” from
the Clean Water Act using slight of hand regulations. Don’t allow
EPA and the Corps to gain new Jurisdiction over all waters of the
United States.
Action Items:
-----1. Please paste a copy of this e-mail on your refrigerator door
with a magnet or tape. Remember to call at least three times over the
next two weeks.
-----2. Vital: Please forward this message to your entire e-mail
list. Let networking work. This document is so important is must go
viral. It must be spread by you widely if you are to compete
successfully with the green groups that want to control your land and
water using the EPA and Corps.
Use Twitter, Facebook, LinkedIn and other social networking services
to spread the word.
-----3. Call your Congressman at (202) 225-3121. That is the Capitol
Switchboard. Ask for your Congressman by name. When that office
answers, ask for the person who handles EPA, Corps and Wetlands
issues. Tell them they must stop the new EPA Corps Wetlands
regulations. Make sure you ask for the e-mail address of the staff
person. Be sure to ask that they hold Congressional hearings.
-----4. Call both your Senators at (202) 224-3121. Follow the same
instructions as with your Congressman.
-----5. Please visit our American Land Rights membership page at
http://www.landrights.org/members.htm
to join or donate. Please help support American Land Rights in this
important issue. At least join as a member at $35 a year. ALRA must
raise over $65,000 to get all the letters out about this issue.
Most members send extra contributions to help win in Congress and
with the Federal agencies. Your extra $1,000, $500, $200, $100, $50
or whatever you can afford will really help in this important battle.
ALRA must send out tens of thousands of letters, faxes and e-mails to
help you win.
You can simply copy and paste text into your browser if the hyperlink
doesn’t translate in your email.
You can donate on line or send a check to American Land Rights, PO
Box 400, Battle Ground, WA 98604. Thank you for your support.
ALRA has posted new formatted Testimony Questionnaires at
www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
. They are new and numbered 11 and 12. Just print out one and send
one. The Deadline for comments to EPA has past. But you can send them
to your Congressman and both Senators.
If you would rather use a formatted version, print one out from
www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
.
These print out on 8 by 14 paper. But you can just print them out on
8 by 11, clip together and send them.
-----*Social Networking* – Facebook, LinkedIn and Twitter. See the
bottom of this e-mail. Be sure to sign up as a friend of Chuck
Cushman and also the American Land Rights Association on our Facebook
page. Be sure to hit the Like button. Do the same on LinkedIn.
Below is an unformatted new Congressional Testimony Questionnaire you
can use to edit in your word processor. Send Testimony to the Congress
regarding the EPA and Corps of Engineers on their new Guidance
regulations that seek to overturn the two Supreme Court Decisions
that required the EPA and Corps to only regulate only *Navigable
Waters *under the Clean Water Act of 1972.
You may edit the following document any way you want to make it
reflect your concerns. In fact you must edit to make it your.s.
E-mail: alra@pacifier.com <mailto:alra@pacifier.com (alra@pacifier.com)>
Write Wetlands in Subject Line.
*Important Notice -- Be sure to fill in the blank space toward the
bottom of your Testimony Questionnaire* with your own personal
comments. This validates this Congressional Testimony Questionnaire
and makes it much more valuable in the eyes of the Congress. You can
borrow from our statements to write your personal comments. You must
personalize this document.
You should send a copy to both your Senators at: Honorable ______
US Senate, Washington, DC 20510. Better yet, ask for the e-mail
address of the Congressional staff person you talk to and send him or
her a copy to give to the Congressman.
You can mail copy to your Congressman at: Honorable______
US House of Representatives, Washington, DC 20515. Remember that
postal mail is slowed by the Anthrax inspections.
Call (202) 224-31121 to get the e-mail address for a staff person who
works for your Congressman. Do the same for both Senators. Ask for the
office of each when you call.
Delete all above this line before sending to Congress.
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Testimony Questionnaire Deadline now Friday, October 7th.
Congressional Testimony Questionnaire Regarding the EPA Corps of
Engineers Regulatory Guidance.
Regarding: Testimony for any hearings on EPA Corps Wetlands
regulations and guidance.
EPA and Army Corps of Engineers Guidance published in the Federal
Register Regarding Identification of Waters Protected by the Clean
Water Act.
The EPA and Corps of Engineers are moving to seize jurisdiction and
control over all U.S. waters. Since he who controls the water
controls the land, these new slight-of-hand regulations would largely
give the EPA and Corps substantial controls over all private and
Federal land as well as nearly all waters. They will lead to many
arbitrary and capricious decisions.
The regulatory Guidance policy will, if it is allowed to become
final, give EPA and Corps of Engineers broader authority to regulate
bodies of water that had been the responsibility of state level water
managers.
The EPA’s push for greater regulatory control through the Clean
Water Act (CWA) jurisdiction amounts to the Agency overturning two
U.S. Supreme Court decisions at the same time the Agency is
disregarding concerns of Members of Congress.
By publishing a draft regulatory Guidance document in the Federal
Register the EPA and Corps are giving field staff freedom to choose
and determine jurisdictional control. The result will be more
arbitrary and capricious decisions.
EPA and the Corps have effectively overturned two U. S. Supreme Court
decisions that currently limit their authority and jurisdiction under
the Clean Water Act to “Navigable Waters.”
The regulatory Guidance would give EPA and Corps a large degree of
control over all waters of the United States.
By publishing this draft regulatory Guidance, EPA and Corps have
clearly ignored the Intent of Congress. The current draft Guidance is
full of vague definitions allowances for broad interpretations that
show little respect for the practical implications of their actions
on the American people.
The draft regulatory Guidance is intended to give EPA and the Army
Corps of Engineers unprecedented control over all U.S. waters and
therefore nearly all land. Because of the association of control over
all US Waters to control all land, this Guidance is a clear threat to
all American’s property rights.
The EPA and the Army Corps of Engineers separate the vital tie
between private property owners and their local communities using
these new regulations.
This means the private property rights of farmers, ranchers, miners,
forestry advocates and the important relationship between local
communities and those property owners will be greatly changed. This
relationship between private property owners and their local
communities is a critical economic system that will be severely
damaged by these new regulations and the change in this relationship.
If approved, this policy direction will lead to the bankruptcy of
landowners, builders, farmers, ranchers and many others who must use
the land and associated waters for American’s food and fiber.
Breaking the relationship between the private property owners and
their local communities will create severe economic consequences to
the communities themselves.
Over 150 Members of Congress have stated in a letter that they each
signed that this published draft Guidance will lead to a super water
regulation that includes a vast overreach by the EPA and the Corps.
I have called my Congressman and my two Senators to express my
concern about the new draft EPA and Corps Clean Water Act Guidance.
Every landowner should call their Congressman (202) 225-3121 and
Senators at (202) 224-3121 to express their concerns over this
extreme power grab.
While the EPA and the Corps claim that this draft regulatory Guidance
is legally nonbinding, the truth is that the current Administration
has defined regulatory terms that will ultimately lead to
over-regulation and intrusion into individual and States’ rights.
Once again the EPA and the Corps of Engineers are broadening their
jurisdiction without Congressional authority to do so. Any changes to
the regulatory process of the Clean Water Act should be accomplished
through transparent rule-making, notice, public involvement or
legislative Congressional action.
Vague definitions and broad interpretations that empower EPA and
Corps officials with ad hoc and ambiguous controls over private
lands, water uses and use of Federal lands will create an economic
hardship on all of rural America.
The EPA and Corps regulatory Guidance has little to do with the
objective of protecting clean water. It has everything to do with
controlling Americans land and water use.
I agree with the comments above. I know I can cross out or edit out
any I may not agree with. Please allow these comments to be submitted
for the official record of any Congressional Hearings held regarding
the EPA and Corps Wetlands Regulatory Guidance and include my
personalized comments and responses to the listed statements below in
the record. Please consider a photocopy of this document as valid as
the original.
Below is my Testimony for the Record of any Congressional Hearings
regarding the EPA and Corps Regulatory Guidance and any expansion of
their jurisdiction.
Signature ______________________________
Print Your Name ___________________________ Date _______
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Dear Private Property and Multiple-Use Advocate:
It is imperative that you act now. The EPA-Corps Guidance may be the
biggest threat to property rights yet. The EPA and Corps are trying
to overturn two U.S. Supreme Court decisions using the new regulatory
Guidance to define those decisions away and give massive Wetlands
jurisdiction back to the Corps of Engineers and EPA.
The EPA and Corps plan to overturn the Rapanos and SWANCC Supreme
Court Decisions of 2006 and 2001. That would give the Corps of
Engineers and EPA jurisdiction over nearly all private and Federal
land and get Corps and EPA jurisdiction back to where it was before
the Supreme Court limited that jurisdiction to “navigable
waters.”
You must fight to keep the EPA and Corps out of your backyard. The
EPA and Corps Guidance would give Federal agencies almost unlimited
control over your land, your water and that of all your neighbors.
Please send your Testimony to Congress quickly. Do not put it off.
You must try to get it in by Friday, October 7th.
Alert -- Be aware of the legal concept called “laches” or
“sleeping on your rights.” You may lose future legal rights if
you fail to participate in an official part of the Congressional or
regulatory process. Please send this document and possibly a letter
opposing the EPA-Corps Guidance to your Congressman and both
Senators. It can be as short as one page or longer.
In the next section you will see a series of statements about the
EPA-Corps Guidance. American Land Rights agrees with all the
statements but you don’t have to. Below is a New (Sept 12) Comment
Questionnaire for you to fill out and e-mail to your Congressman and
both Senators.
This Congressional Testimony Questionnaire is about helping you get
your Testimony to your Congressman and both Senators. They want to
know what you think. It’s critical that you write your responses to
the statements below with your opinion and not what you think we would
want you to write. You are free to disagree with us. You can add
comments to each statement or change the statements to fit your
preference.
Please edit this document in your word processor so each statement
below fits your concerns. Then e-mail it to a staff person in the
office of your Congressman and both Senators.
-- 1. The current draft Guidance is full of vague definitions
allowances for broad interpretations that show little respect for the
practical implications of EPA and Corps actions on the American
people.
Agree.....Disagree.....No Opinion
--2. Congress should schedule hearings for EPA, and the Corps of
Engineers to allow for through explanation and review before any
changes are undertaken in EPA and Corps Jurisdiction pursuant to the
Clean Water Act of 1972.
Agree.....Disagree.....No Opinion
--3. The jurisdiction of the Environmental Protection Agency and the
U.S. Army Corps of Engineers under the 1972 Clean Water Act should
not be expanded beyond Congressional Intent through “Guidance"
documents, back room regulations or subsequent rule making.
Agree.....Disagree.....No Opinion
--4. EPA and the Corps of Engineers should not be permitted to use
"Guidance" documents to circumvent Congress, the Courts, and the
Administrative Procedures Act.
Agree.....Disagree.....No Opinion
--5. The Clean Water Act of 1972 and subsequent Agency Guidance or
Federal rule making should not be used to establish national land and
water use Regulations.
Agree.....Disagree.....No Opinion
--6. No top down control of land and water use is a good idea.
Agree.....Disagree.....No Opinion
--7. Jurisdiction of Intrastate Waters should remain with State and
Local Governments.
Agree.....Disagree.....No Opinion
--8. Agency administrative rules or "Guidance" should never be used
to expand the application of Federal water jurisdiction in all Clean
Water Act programs. The EPA and Corps jurisdiction should be limited
to “Navigable Waters” as intended by Congress in the 1972 Clean
Water Act.
Agree.....Disagree.....No Opinion
--9. Agencies should not be allowed to use Administrative "Guidance"
or Federal regulations to remove American’s private property rights;
water quality objectives can be achieved through existing partnerships
between private landowners and their communities rather than violating
Constitutionally protected property rights.
Agree.....Disagree.....No Opinion
--10. This draft EPA regulatory Guidance should have included a
complete economic and social impact analysis before it was published
for public comment. The analysis must be available for public review
and comment before any final publishing of proposed EPA and COE
Agency Guidance.
Agree.....Disagree.....No Opinion
--11. There is no evidence that a Regulatory Flexibility Act analysis
and certification has been completed regarding the proposed EPA and
Corps Guidance.
Agree.....Disagree.....No Opinion
--12. EPA and the Corps should immediately withdraw this proposed
regulatory Guidance and choose instead to proceed with a more
deliberate, thorough and transparent rule making process consistent
with the requirements of the Administrative Procedures Act, and
guidance from Congress and the Courts.
Agree.....Disagree.....No Opinion
--13. Expanding regulations that adversely impact businesses,
individuals, and communities, especially during a time of National
economic downturn, is inappropriate.
Agree.....Disagree.....No Opinion
--14. Congress should put a hold on the EPA and Corps regulatory
Guidance until Congress has time to conduct hearings, including field
hearings, prior to the implementation of any Guidance or regulations
under the Clean Water Act.
Agree.....Disagree.....No Opinion
--15. Water quality objectives and any associated regulations must
consider regional difference in landscapes and other ecological
characteristics, and must require the involvement of appropriate
state and local officials in their development.
Agree.....Disagree.....No Opinion
--16. There is no evidence that a through analysis has been
completed that indicates what the affects the proposed Guidance will
have on the devaluation of private property. This devaluation will
result in a “Regulatory Takings” and must be compensated under
the Takes Clause of the US Constitution.
Agree.....Disagree.....No Opinion
--17. The Clean Water Act should not deny or decrease access to or
the use and enjoyment of public lands and waters.
Agree.....Disagree.....No Opinion
--18. Clean Water Act rules, and other environmental programs, are
often not about environmental protection, but about control over
land, water, people and communities; water quality and other
environmental objectives should be driven from the grassroots up
instead of from the politically driven and power control top down.
Agree.....Disagree.....No Opinion
--19. States Rights regarding land and water jurisdiction should not
be tampered with. EPA and COE Guidance and regulations should only
enhance existing relationships, not interfere with a system that is
not broken.
Agree.....Disagree.....No Opinion
--18. Clean Water is Important to All Americans. Federal Government
Agencies are not the stewards of first choice in dealing with the
conservation and the protection of our nations waters and associated
lands.
Agree.....Disagree.....No Opinion
(Your written personalized comments here below are essential if you
want Congress, the EPA, Corps and ultimately the courts to really pay
attention to this document.
You are free to use as much space as you need. It is critical that
you personalize some comments below before sending this important
document to your Congressman and both Senators. You can borrow from
the statements above. You can make them as long as you want but you
must write something personal here to validate this questionnaire.)
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You can expand this space to meet your needs.
(Open space for your personal comments.) (If needed, use additional
sheets or attach a personal letter)
To validate your comments please fill in completely (PRINT or TYPE)
and be sure to sign.
Signature______________________________Name_______ _____________________________________
E-Mail________________________________ Fax ________________
Phone________________
Address_______________________________ Town______________________
State_____ Zip_________
Please mail by Friday, September 23rd. Please do not fail to send
this comment questionnaire even if late.
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-
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-
Please delete below this line before sending to Congress.
For more information
Go to www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
to check us out.
*Social Networking Update: * The American Land Rights Association now
has a Page on Facebook. Please sign on as a Friend or Fan. Please
click on the Like button.
Also Executive Director Chuck Cushman is also on Facebook.com. You
can also find the American Land Rights Association and Chuck Cushman
on LinkedIn.com. We are especially active on LinkedIn.com so send an
invitation to connect and join up.
American Land Rights is on Twitter as AmLandrights.
Chuck Cushman is also on Twitter under SaveYourLand.
-----Please forward this message as widely as possible. The more
people who get this document the better chance you have to compete
with the greens.
Remember, the deadline to get your testimony into Congress is
Friday, October 7th.
Thank you in advance for your support.
Chuck Cushman
Executive Director
American Land Rights Association
(360) 687-3087
ccushman@pacifier.com <mailto:ccushman@pacifier.com (ccushman@pacifier.com)>
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 (http://www.landrights.org/)
Legislative Office: 507 Seward Square SE – Washington, DC 20003
Call Congress To Cut Funds For EPA Corps Wetlands Regulations
You must take immediate action!! Deadline Friday, October 7th.
If you miss the deadline, continue to make the calls until Congress
acts.
By acting quickly, you can cut off the EPA money supply. You can stop
them from going forward with their new Clean Water Act Wetlands
regulations.
You did it with Salazar’s “Wild Lands” Wilderness land grab.
You took away their money. Now it is time to do it to EPA and the
Corps of Engineers.
Don’t wait. Call now.
Senate working on money bill right now. Call your Congressman and
both Senators.
Critical to get provision in the funding bills cutting off EPA Corps
Regulation Funds.
You will win if you keep the pressure on Congress. But you must act
now. Don’t sit back and assume someone else will do it.
The EPA is under a lot of pressure for their new Clean Air
regulations. Make sure when you talk to your Congressman and both
Senators that you are talking about the EPA Corps of Engineers Clean
Water regulations. It these get through, EPA and Corps will have
jurisdiction of all your water and all your land.
Please send the new EPA Corps Testimony Questionnaire below plus your
personalized statement to Congress now. You must help stop the
jurisdiction land and water grab by EPA and the Corps of Engineers.
The first phase of the effort to stop the EPA Corps Wetlands
Regulations is over. The EPA has closed its comment period.
Now you must get Congress to put a stop to this EPA Corps of
Engineers Wetlands jurisdiction and control land and water grab.
You are actually winning. The pressure from Congress is beginning to
make the EPA wilt under the pressure. You must make more calls and
send more faxes and e-mails to your Congressman and both Senators.
Don’t let EPA and the Corps remove the word “Navigable” from
the Clean Water Act using slight of hand regulations. Don’t allow
EPA and the Corps to gain new Jurisdiction over all waters of the
United States.
Action Items:
-----1. Please paste a copy of this e-mail on your refrigerator door
with a magnet or tape. Remember to call at least three times over the
next two weeks.
-----2. Vital: Please forward this message to your entire e-mail
list. Let networking work. This document is so important is must go
viral. It must be spread by you widely if you are to compete
successfully with the green groups that want to control your land and
water using the EPA and Corps.
Use Twitter, Facebook, LinkedIn and other social networking services
to spread the word.
-----3. Call your Congressman at (202) 225-3121. That is the Capitol
Switchboard. Ask for your Congressman by name. When that office
answers, ask for the person who handles EPA, Corps and Wetlands
issues. Tell them they must stop the new EPA Corps Wetlands
regulations. Make sure you ask for the e-mail address of the staff
person. Be sure to ask that they hold Congressional hearings.
-----4. Call both your Senators at (202) 224-3121. Follow the same
instructions as with your Congressman.
-----5. Please visit our American Land Rights membership page at
http://www.landrights.org/members.htm
to join or donate. Please help support American Land Rights in this
important issue. At least join as a member at $35 a year. ALRA must
raise over $65,000 to get all the letters out about this issue.
Most members send extra contributions to help win in Congress and
with the Federal agencies. Your extra $1,000, $500, $200, $100, $50
or whatever you can afford will really help in this important battle.
ALRA must send out tens of thousands of letters, faxes and e-mails to
help you win.
You can simply copy and paste text into your browser if the hyperlink
doesn’t translate in your email.
You can donate on line or send a check to American Land Rights, PO
Box 400, Battle Ground, WA 98604. Thank you for your support.
ALRA has posted new formatted Testimony Questionnaires at
www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
. They are new and numbered 11 and 12. Just print out one and send
one. The Deadline for comments to EPA has past. But you can send them
to your Congressman and both Senators.
If you would rather use a formatted version, print one out from
www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
.
These print out on 8 by 14 paper. But you can just print them out on
8 by 11, clip together and send them.
-----*Social Networking* – Facebook, LinkedIn and Twitter. See the
bottom of this e-mail. Be sure to sign up as a friend of Chuck
Cushman and also the American Land Rights Association on our Facebook
page. Be sure to hit the Like button. Do the same on LinkedIn.
Below is an unformatted new Congressional Testimony Questionnaire you
can use to edit in your word processor. Send Testimony to the Congress
regarding the EPA and Corps of Engineers on their new Guidance
regulations that seek to overturn the two Supreme Court Decisions
that required the EPA and Corps to only regulate only *Navigable
Waters *under the Clean Water Act of 1972.
You may edit the following document any way you want to make it
reflect your concerns. In fact you must edit to make it your.s.
E-mail: alra@pacifier.com <mailto:alra@pacifier.com (alra@pacifier.com)>
Write Wetlands in Subject Line.
*Important Notice -- Be sure to fill in the blank space toward the
bottom of your Testimony Questionnaire* with your own personal
comments. This validates this Congressional Testimony Questionnaire
and makes it much more valuable in the eyes of the Congress. You can
borrow from our statements to write your personal comments. You must
personalize this document.
You should send a copy to both your Senators at: Honorable ______
US Senate, Washington, DC 20510. Better yet, ask for the e-mail
address of the Congressional staff person you talk to and send him or
her a copy to give to the Congressman.
You can mail copy to your Congressman at: Honorable______
US House of Representatives, Washington, DC 20515. Remember that
postal mail is slowed by the Anthrax inspections.
Call (202) 224-31121 to get the e-mail address for a staff person who
works for your Congressman. Do the same for both Senators. Ask for the
office of each when you call.
Delete all above this line before sending to Congress.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Testimony Questionnaire Deadline now Friday, October 7th.
Congressional Testimony Questionnaire Regarding the EPA Corps of
Engineers Regulatory Guidance.
Regarding: Testimony for any hearings on EPA Corps Wetlands
regulations and guidance.
EPA and Army Corps of Engineers Guidance published in the Federal
Register Regarding Identification of Waters Protected by the Clean
Water Act.
The EPA and Corps of Engineers are moving to seize jurisdiction and
control over all U.S. waters. Since he who controls the water
controls the land, these new slight-of-hand regulations would largely
give the EPA and Corps substantial controls over all private and
Federal land as well as nearly all waters. They will lead to many
arbitrary and capricious decisions.
The regulatory Guidance policy will, if it is allowed to become
final, give EPA and Corps of Engineers broader authority to regulate
bodies of water that had been the responsibility of state level water
managers.
The EPA’s push for greater regulatory control through the Clean
Water Act (CWA) jurisdiction amounts to the Agency overturning two
U.S. Supreme Court decisions at the same time the Agency is
disregarding concerns of Members of Congress.
By publishing a draft regulatory Guidance document in the Federal
Register the EPA and Corps are giving field staff freedom to choose
and determine jurisdictional control. The result will be more
arbitrary and capricious decisions.
EPA and the Corps have effectively overturned two U. S. Supreme Court
decisions that currently limit their authority and jurisdiction under
the Clean Water Act to “Navigable Waters.”
The regulatory Guidance would give EPA and Corps a large degree of
control over all waters of the United States.
By publishing this draft regulatory Guidance, EPA and Corps have
clearly ignored the Intent of Congress. The current draft Guidance is
full of vague definitions allowances for broad interpretations that
show little respect for the practical implications of their actions
on the American people.
The draft regulatory Guidance is intended to give EPA and the Army
Corps of Engineers unprecedented control over all U.S. waters and
therefore nearly all land. Because of the association of control over
all US Waters to control all land, this Guidance is a clear threat to
all American’s property rights.
The EPA and the Army Corps of Engineers separate the vital tie
between private property owners and their local communities using
these new regulations.
This means the private property rights of farmers, ranchers, miners,
forestry advocates and the important relationship between local
communities and those property owners will be greatly changed. This
relationship between private property owners and their local
communities is a critical economic system that will be severely
damaged by these new regulations and the change in this relationship.
If approved, this policy direction will lead to the bankruptcy of
landowners, builders, farmers, ranchers and many others who must use
the land and associated waters for American’s food and fiber.
Breaking the relationship between the private property owners and
their local communities will create severe economic consequences to
the communities themselves.
Over 150 Members of Congress have stated in a letter that they each
signed that this published draft Guidance will lead to a super water
regulation that includes a vast overreach by the EPA and the Corps.
I have called my Congressman and my two Senators to express my
concern about the new draft EPA and Corps Clean Water Act Guidance.
Every landowner should call their Congressman (202) 225-3121 and
Senators at (202) 224-3121 to express their concerns over this
extreme power grab.
While the EPA and the Corps claim that this draft regulatory Guidance
is legally nonbinding, the truth is that the current Administration
has defined regulatory terms that will ultimately lead to
over-regulation and intrusion into individual and States’ rights.
Once again the EPA and the Corps of Engineers are broadening their
jurisdiction without Congressional authority to do so. Any changes to
the regulatory process of the Clean Water Act should be accomplished
through transparent rule-making, notice, public involvement or
legislative Congressional action.
Vague definitions and broad interpretations that empower EPA and
Corps officials with ad hoc and ambiguous controls over private
lands, water uses and use of Federal lands will create an economic
hardship on all of rural America.
The EPA and Corps regulatory Guidance has little to do with the
objective of protecting clean water. It has everything to do with
controlling Americans land and water use.
I agree with the comments above. I know I can cross out or edit out
any I may not agree with. Please allow these comments to be submitted
for the official record of any Congressional Hearings held regarding
the EPA and Corps Wetlands Regulatory Guidance and include my
personalized comments and responses to the listed statements below in
the record. Please consider a photocopy of this document as valid as
the original.
Below is my Testimony for the Record of any Congressional Hearings
regarding the EPA and Corps Regulatory Guidance and any expansion of
their jurisdiction.
Signature ______________________________
Print Your Name ___________________________ Date _______
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Dear Private Property and Multiple-Use Advocate:
It is imperative that you act now. The EPA-Corps Guidance may be the
biggest threat to property rights yet. The EPA and Corps are trying
to overturn two U.S. Supreme Court decisions using the new regulatory
Guidance to define those decisions away and give massive Wetlands
jurisdiction back to the Corps of Engineers and EPA.
The EPA and Corps plan to overturn the Rapanos and SWANCC Supreme
Court Decisions of 2006 and 2001. That would give the Corps of
Engineers and EPA jurisdiction over nearly all private and Federal
land and get Corps and EPA jurisdiction back to where it was before
the Supreme Court limited that jurisdiction to “navigable
waters.”
You must fight to keep the EPA and Corps out of your backyard. The
EPA and Corps Guidance would give Federal agencies almost unlimited
control over your land, your water and that of all your neighbors.
Please send your Testimony to Congress quickly. Do not put it off.
You must try to get it in by Friday, October 7th.
Alert -- Be aware of the legal concept called “laches” or
“sleeping on your rights.” You may lose future legal rights if
you fail to participate in an official part of the Congressional or
regulatory process. Please send this document and possibly a letter
opposing the EPA-Corps Guidance to your Congressman and both
Senators. It can be as short as one page or longer.
In the next section you will see a series of statements about the
EPA-Corps Guidance. American Land Rights agrees with all the
statements but you don’t have to. Below is a New (Sept 12) Comment
Questionnaire for you to fill out and e-mail to your Congressman and
both Senators.
This Congressional Testimony Questionnaire is about helping you get
your Testimony to your Congressman and both Senators. They want to
know what you think. It’s critical that you write your responses to
the statements below with your opinion and not what you think we would
want you to write. You are free to disagree with us. You can add
comments to each statement or change the statements to fit your
preference.
Please edit this document in your word processor so each statement
below fits your concerns. Then e-mail it to a staff person in the
office of your Congressman and both Senators.
-- 1. The current draft Guidance is full of vague definitions
allowances for broad interpretations that show little respect for the
practical implications of EPA and Corps actions on the American
people.
Agree.....Disagree.....No Opinion
--2. Congress should schedule hearings for EPA, and the Corps of
Engineers to allow for through explanation and review before any
changes are undertaken in EPA and Corps Jurisdiction pursuant to the
Clean Water Act of 1972.
Agree.....Disagree.....No Opinion
--3. The jurisdiction of the Environmental Protection Agency and the
U.S. Army Corps of Engineers under the 1972 Clean Water Act should
not be expanded beyond Congressional Intent through “Guidance"
documents, back room regulations or subsequent rule making.
Agree.....Disagree.....No Opinion
--4. EPA and the Corps of Engineers should not be permitted to use
"Guidance" documents to circumvent Congress, the Courts, and the
Administrative Procedures Act.
Agree.....Disagree.....No Opinion
--5. The Clean Water Act of 1972 and subsequent Agency Guidance or
Federal rule making should not be used to establish national land and
water use Regulations.
Agree.....Disagree.....No Opinion
--6. No top down control of land and water use is a good idea.
Agree.....Disagree.....No Opinion
--7. Jurisdiction of Intrastate Waters should remain with State and
Local Governments.
Agree.....Disagree.....No Opinion
--8. Agency administrative rules or "Guidance" should never be used
to expand the application of Federal water jurisdiction in all Clean
Water Act programs. The EPA and Corps jurisdiction should be limited
to “Navigable Waters” as intended by Congress in the 1972 Clean
Water Act.
Agree.....Disagree.....No Opinion
--9. Agencies should not be allowed to use Administrative "Guidance"
or Federal regulations to remove American’s private property rights;
water quality objectives can be achieved through existing partnerships
between private landowners and their communities rather than violating
Constitutionally protected property rights.
Agree.....Disagree.....No Opinion
--10. This draft EPA regulatory Guidance should have included a
complete economic and social impact analysis before it was published
for public comment. The analysis must be available for public review
and comment before any final publishing of proposed EPA and COE
Agency Guidance.
Agree.....Disagree.....No Opinion
--11. There is no evidence that a Regulatory Flexibility Act analysis
and certification has been completed regarding the proposed EPA and
Corps Guidance.
Agree.....Disagree.....No Opinion
--12. EPA and the Corps should immediately withdraw this proposed
regulatory Guidance and choose instead to proceed with a more
deliberate, thorough and transparent rule making process consistent
with the requirements of the Administrative Procedures Act, and
guidance from Congress and the Courts.
Agree.....Disagree.....No Opinion
--13. Expanding regulations that adversely impact businesses,
individuals, and communities, especially during a time of National
economic downturn, is inappropriate.
Agree.....Disagree.....No Opinion
--14. Congress should put a hold on the EPA and Corps regulatory
Guidance until Congress has time to conduct hearings, including field
hearings, prior to the implementation of any Guidance or regulations
under the Clean Water Act.
Agree.....Disagree.....No Opinion
--15. Water quality objectives and any associated regulations must
consider regional difference in landscapes and other ecological
characteristics, and must require the involvement of appropriate
state and local officials in their development.
Agree.....Disagree.....No Opinion
--16. There is no evidence that a through analysis has been
completed that indicates what the affects the proposed Guidance will
have on the devaluation of private property. This devaluation will
result in a “Regulatory Takings” and must be compensated under
the Takes Clause of the US Constitution.
Agree.....Disagree.....No Opinion
--17. The Clean Water Act should not deny or decrease access to or
the use and enjoyment of public lands and waters.
Agree.....Disagree.....No Opinion
--18. Clean Water Act rules, and other environmental programs, are
often not about environmental protection, but about control over
land, water, people and communities; water quality and other
environmental objectives should be driven from the grassroots up
instead of from the politically driven and power control top down.
Agree.....Disagree.....No Opinion
--19. States Rights regarding land and water jurisdiction should not
be tampered with. EPA and COE Guidance and regulations should only
enhance existing relationships, not interfere with a system that is
not broken.
Agree.....Disagree.....No Opinion
--18. Clean Water is Important to All Americans. Federal Government
Agencies are not the stewards of first choice in dealing with the
conservation and the protection of our nations waters and associated
lands.
Agree.....Disagree.....No Opinion
(Your written personalized comments here below are essential if you
want Congress, the EPA, Corps and ultimately the courts to really pay
attention to this document.
You are free to use as much space as you need. It is critical that
you personalize some comments below before sending this important
document to your Congressman and both Senators. You can borrow from
the statements above. You can make them as long as you want but you
must write something personal here to validate this questionnaire.)
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You can expand this space to meet your needs.
(Open space for your personal comments.) (If needed, use additional
sheets or attach a personal letter)
To validate your comments please fill in completely (PRINT or TYPE)
and be sure to sign.
Signature______________________________Name_______ _____________________________________
E-Mail________________________________ Fax ________________
Phone________________
Address_______________________________ Town______________________
State_____ Zip_________
Please mail by Friday, September 23rd. Please do not fail to send
this comment questionnaire even if late.
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Please delete below this line before sending to Congress.
For more information
Go to www.landrights.org (http://www.landrights.org/) <http://www.landrights.org/>
to check us out.
*Social Networking Update: * The American Land Rights Association now
has a Page on Facebook. Please sign on as a Friend or Fan. Please
click on the Like button.
Also Executive Director Chuck Cushman is also on Facebook.com. You
can also find the American Land Rights Association and Chuck Cushman
on LinkedIn.com. We are especially active on LinkedIn.com so send an
invitation to connect and join up.
American Land Rights is on Twitter as AmLandrights.
Chuck Cushman is also on Twitter under SaveYourLand.
-----Please forward this message as widely as possible. The more
people who get this document the better chance you have to compete
with the greens.
Remember, the deadline to get your testimony into Congress is
Friday, October 7th.
Thank you in advance for your support.
Chuck Cushman
Executive Director
American Land Rights Association
(360) 687-3087
ccushman@pacifier.com <mailto:ccushman@pacifier.com (ccushman@pacifier.com)>