In a matter of weeks, the U.S.
Environmental Protection Agency and Army
Corps of Engineers will impose a profoundly unconstitutional regulation on
America that vastly exceeds the scope and intrusiveness of most laws enacted by
Congress. The EPA and Corps “Waters of
the United States” rule illustrates the need for fundamental reform of the
authority and procedures for issuing such agency “laws.” But until then,
Congress and the courts must do more to stop these individual threats to our
liberty. As we have explained elsewhere,
the draft WOTUS rule
would regulate virtually any wet—or occasionally wet—spot in the country,
including ditches, drains, seasonal puddle-like depressions, intermittent
streams, ponds, impoundments, prairie potholes, and large “buffer areas” of
land adjacent to every waterway. Unsurprisingly, this power was not conferred
in so many words by Congress…… With characteristic chutzpa, the agencies assert
that this immense new power grab is only a “clarification” that will not expand
their jurisdiction and is necessary to comply with the Rapanos ruling. None of
that is true.…..To Read More….
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