Judge blocks Obama EPA rule as federal power grab over state waters
President Obama’s push to extend the EPA’s regulatory hand to ditches and small streams to enforce clean water rules was blocked Thursday by a federal judge, who said the administration had overstepped its bounds in trying yet another end run around Congress.
Judge Ralph R. Erickson called the Environmental Protection Agency’s attempt “inexplicable, arbitrary and devoid of a reasoned process,” and issued an injunction preventing the EPA and the U.S. Army Corps of Engineers from claiming oversight of millions of acres of land that contain small bodies of water.
The EPA, though, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country....
....Last year the administration wrote new definitions that would have subjected all waters within 4,000 feet of a navigable water to EPA review and control.
Critics said that would mean the EPA would control lands near ditches with no possible connection to the rivers and lakes that the law was designed to protect. The states that sued said the new rules would create a nightmare scenario of having to get permits and perform environmental studies on every gas or water pipeline, or reclamation or development project.
Judge Erickson, who sits in federal district court in North Dakota, said he’d looked at all the evidence he could, and couldn’t see how the EPA justified the 4,000-foot standard...."
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Common sense prevails...