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De Omnibus Dubitandum - Lux Veritas

Saturday, March 15, 2014

Wyoming welder faces $75,000 a day in EPA fines for building pond on his property

By March 14, 2014

 All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children.

But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine…… “Fairness and due process require the EPA base its compliance order on more than an assumption,”…… The authority of the EPA has recently been called into question over proposed rule changes that would redefine what bodies of water the government agency will oversee under the Clean Water Act.

 The proposed changes would give the agency a say in ponds, lakes, wetlands and any stream -- natural or manmade -- that would have an effect on downstream navigable waters on both public land and private property. “If the compliance order stands as an example of how EPA intends to operate after completing its current ‘waters of the United States’ rulemaking, it should give pause to each and every landowner throughout the country,” the letter states.....To Read More.....

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