Log in

View Full Version : Clean Water Act EPA over reach


tomder55
Jun 2, 2023, 04:30 AM
SCOTUS decided 9-0 decided that the EPA's mandate in the Clean Water Act (CWA) does not extend to every puddle in the nation. The unanimous decision said that their authority only extends to wetlands that are connected to larger bodies of navigable waters .

In this case an Idaho couple have been battling with the federal government for over 15 years in their efforts to build a house on an empty lot near a lake.. All the Justices agreed with the ruling even though the liberal justices and Kavanaugh had reasons to contend the new decision took away too much CWA power . Justice Thomas wrote a separate opinion also and he nailed it . He said it was all well and good that there was clarity on what navigable waters are . But the decision does not address the scope of rhe EPA's authority .

"The Court's opinion today curbs a serious expansion of federal authority that has simultaneously degraded States' authority and diverted the Federal Government from its important role as guarantor of the Nation's great commercial water highways into something resembling 'a local zoning board.' But, wetlands are just the beginning of the problems raised by the agencies' assertion of jurisdiction in this case,"


He is referring to the abuse of the Commerce Clause in extending the power of the Federal Government .When the Constitution was drafted the term “commerce” referred to “trade or exchange .But the government has strayed from that meaning and “licensed federal regulatory schemes that would have been ‘unthinkable’ to the Constitution’s Framers and ratifiers.”

Indeed !

Schmucky called the court a MAGA Court even though it was a 9-0 decision.

Sen. Chuck Schumer blames ‘MAGA’ Supreme Court for eroding US environmental laws #shorts - YouTube (https://www.youtube.com/watch?v=28Wi3wMugnQ)