Coos County Watchdog


  • Home >>>
    • About Us
    • Contact Us
    • Links
    • Whistle-Blower’s Page
  • Blog >>>
    • Info Blogs
  • Issues >>>
    • Johnson Creek Dam
    • Jury Nullification >
      • Jury Nullification on Facebook
    • More Choices in Bandon
    • NO Bandon Marsh Expansion >
      • Bandon Marsh Expansion on Facebook
    • Second Amendment Sanctuary Ordinance >
      • S.A.S.O on FB
    • State of Jefferson >
      • State of Jefferson on Facebook
    • The Coos County Charter
    • Urban Renewal Information

Preserve the Waters of the US Act

9/6/2012

Comments

 
Sent: Monday, September 03, 2012 3:31 PM
Subject: Preserve the Waters of the US Act
   
( excerpt from information below )
-----The Preserve The Waters of the US Act (S-2245) would  stop Washington overreach and block any further attempt to   issue “guidance” to agency bureaucrats that says it is OK to  regulate non-navigable water in people’s backyards and  farms.

*Preserve the waters of the u.s. Act (S-2245)*
 ----------------------------------------
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
Legislative Office:  507 Seward Square SE – Washington, DC 20003
Block EPA & Corps  Wetlands Jurisdiction Over Your Water & Land
  *Do You Want The  EPA &Corps In Your Backyard?*

Do you want the EPA & Corps  jurisdiction over all forest roads?
 If Not, Here’s Why You Need  The *“Preserve The Waters Of The US Act” (S-2245)*

Below are  action items to protect your water and your land as well as
roads on Federal  land. But first, read this:

-----The EPA wants to lift the ban that  prevents Washington, DC bureaucrats from regulating non-navigable
waters.

-----Lifting the navigable ban, passed by Congress to  protect families, small businesses and farmers from federal 
bureaucrats seizing their water or their land, would devastate economic   and recreational activity as well as small communities across the U.S.


------You need to insist that Congress not remove the requirement  set by Congress in the original Clean Water Act that said the EPA  and Corps *can only regulate “navigable waters”*. The EPA and Corps want  to eliminate the
word “navigable” and give the EPA and Corps jurisdiction  over “all waters of the United States and all activities affecting all waters  of the United States.”

-----If the ban is lifted, when it rains,  your backyard or farm becomes a minefield of Washington red tape and  taxes.

-----If you’re a farmer, when it rains, your backyard  becomes a bonanza for Washington, DC bureaucrats to go on your property  to force you from doing activities like building a swimming  pool, installing a bird bath, running rainwater away from your  home, irrigating your fields, installing stock watering ponds and  many more.

-----If you’re a suburban homeowner, when it rains,  the water in your backyard allows Washington, DC bureaucrats on your property  to block you from doing basic things without a permit that can  cost thousands of dollars and long delays causing great damage.  

-----Congress blocked attempts by former Congressman James  Oberstar (D-MN) and former Senator Russ Feingold (R-MN) from passing the  Clean Water Restoration Act, which would have lifted the “navigable” ban.  As with the EPA and Corp, Oberstar and Feingold tried to remove the word “navigable” from the Clean Water Act.

-----Despite Congress not  changing the law, the Obama EPA and Army Corps of Engineers are attempting to remove this key protection for families, small business and farmers by  issuing an internal guidance document to agency bureaucrats telling them it is now OK to regulate non-navigable waters on people’s property throughout  the United
States. The Obama folks seem to care less about how they are ignoring two Supreme Court decisions.

-----The Preserve The Waters  of the US Act (S-2245) would stop Washington overreach and block any further  attempt to issue  “guidance” to agency bureaucrats that says it is OK to  regulate non-navigable water in people’s backyards and  farms.

*Preserve the waters of the u.s. Act  (S-2245)*

*Purpose:* To preserve existing rights and  responsibilities with respect to waters of the U.S.

* **Background:*  In May 2011, the Environmental Protection Agency (EPA) and Army Corps of  Engineers (Corps) issued draft guidance on “Identifying Waters Protected by  the Clean Water Act.”

This guidance document, which was sent in  final form to OMB on February 21, 2012, significantly changes and expands  what features are considered protected under the Clean Water Act and  makes substantial additions, such as a first time inclusion of ditches  and other water features that may flow, if at all, only after a  heavy rainfall.

EPA and the Corps received over 230,000  comments from the public on their guidance, discussing the potential  consequences of the draft guidance to governments, businesses, and landowners. They have not responded to the comments.

EPA and the  Corps estimate that between 2 – 17% percent of non-jurisdictional  determinations under current practice would be jurisdictional using the  expanded tests of the new guidance.
This guidance  has  clear regulatory consequences and goes far beyond being simply advisory guidelines.

*The legislation (S-2245) prevents EPA and the Corps  from using this /guidance/ to change legal responsibilities under the Clean Water Act.*

*-----Regulation through Guidance:* By issuing a  guidance document as opposed to going through the rulemaking process, EPA and  the Corps are bypassing the necessary public outreach required under  the Administrative Procedures Act and failing to fully consider the legal,  economic, and unforeseen consequences of their actions.
* *
*-----Applies  to all Clean Water Act (CWA) Programs:* In addition to the Corps §404 dredge and fill permits, the guidance applies to all CWA programs including §303  water quality standards, §401 state water quality certifications, §311 Oil  Pollution Act (including SPCC), and §402 program (including NPDES permits,  pesticide general permit, and storm water).

*-----Increasing  Permits: *EPA and the Corps affirm that this guidance will result in an  increase in jurisdictional determinations that will result in an increased  need for permits. In addition to more Corps §404 permits, State-permitting  authorities will be faced with more NPDES permits and more entities will be  subject to CWA requirements.

*-----Economic and Job Impacts:*  Additional regulatory costs associated with changes in jurisdiction and  increases in permits will  erect bureaucratic barriers to economic growth,  negatively impacting farms, small businesses, commercial development, road  construction and energy production, to name a few.

*-----Impact  on State on Local Governments:* Changes to the “waters of the U.S.” definition may have far-reaching effects and unintended consequences on a  number of state and local programs. The guidance creates significant unfunded  mandates and preempts state and local authority.

*-----Conflicts  with Supreme Court Rulings:* The guidance uses an overly broad interpretation  of the  /Rapanos /decision. The effect is virtually all wet areas that connect  in  any way to navigable waters are jurisdictional. Both the plurality opinion  and Kennedy rejected this assertion in /Rapanos/.

*-----Private  Property Rights:* Expanding federal control over intrastate waters will  substantially interfere with the ability of individual landowners to use  their property.

*-----Action Items:*

*-----1. It’s critical  to get some of the Senators below as co-sponsors of the Preserve The Waters  Of The US Act (S 2245). *You need to call, fax and e-mail your Senator (s)  listed below to urge them to cosponsor the Preserve The Waters Of The US Act.

-----2. For more information about S 2245 type in to Google  the following search term: Preserve The Waters Of The US Act. 
 
-----3. Please forward this message to at least 10 other people.  Your whole list if possible.

The best thing to do is write a  letter with your letterhead and either fax it or e-mail it to your Senator  (s).
They don’t like attachments so call ahead to ask for the staff person  who handles the Clean Water Act and Wetlands issues. Ask for his personal  e-mail and send him your letter.
...................................
 
Thank you for your help.
Chuck Cushman, American Land  Rights
ccushman@pacifier.com

Look  Chuck Cushman and American Land Rights up on Google by typing in the  following search terms: Chuck Cushman, Charles Cushman,  Charles S.  ushman,  American Land Rights Association, National  Inholders
Association and League  of Private Property Voters.

*Social Networking Update: * The  American Land Rights Association has a Page on Facebook. Please be sure to  hit the Like button. Also Executive Director Chuck Cushman is on  Facebook.com.

You can also find American Land Rights Association  and Chuck Cushman on LinkedIn.com. We are especially
active on LinkedIn.com  so send an nvitation to connect and sign up. 
 
American Land  Rights is on Twitter as AmLandrights. Chuck Cushman is also on Twitter under  ccushman98604

To unsubscribe please send an email with “Unsubscribe” in the
Subject Line to ALRA@pacifier.com.
 
Please forward this urgent message widely.

“Potential Indirect Economic Impacts and Benefits  Associated with Guidance Clarifying the Scope of Clean Water Act  Jurisdiction.” April 27, 2011
http://water.epa.gov/lawsregs/guidance/wetlands/upload/cwa_guidance_impacts_benefits.pdf

Related Posts:
Subject: CWA meeting recap and information
House  Committee: EPA Overstepped Its Authority
Oregon Water Resource Commission approved the Integrated Water Resource Strategy
Advisory Vote Meeting in Coquille "NO Bandon Marsh Expansion" 
The  "NO BANDON MARSH" Signs are now Available
The Nature Conservancy--Ecotrust Study on Salmon Economics 
2010 Coastal Wetlands Grants 
OWEB Listening Session Information &  Agenda
This Land is... the Government's
Why is Bandon Marsh Refuge Considering an Expanded Boundary?
White House Conference Sets Stage for New Era of Conservation 
Judge says Oregon's river temperature standards need more scrutiny

Comments

    Categories

    All
    A.F.P.
    Agenda 21
    Bandon
    B.I.A.
    B.L.M.
    Coos Bay
    Coos County
    Coos County
    Coquille
    County Charter
    Curry County
    C.W.A.
    Democratic Party
    D.E.Q.
    Eco Devo
    Eco Devo
    Economic Development
    Educational
    Elections
    E.P.A.
    F.D.A.
    F.E.M.A.
    Individual Rights
    I Spy Radio
    Jury Nullification
    Legislation
    Letter To Editor
    Mary Geddry
    N.D.A.A.
    News Wave
    N.O.A.A.
    North Bend
    O&C Land
    O.D.F.W.
    O.D.O.T.
    O.F.F.
    O.H.A.
    O.P.R.D.
    O.R.C. Mining
    O.W.E.B.
    P.E.R.S.
    Petitions
    Port Of Coos Bay
    Public Comments
    Public Events
    Regulation
    Republican Party
    S.A.O.V.A.
    State Of Jefferson
    The Bandon Marsh
    The Economy
    The Rob Taylor Report
    The Supreme Court
    The Tea Party
    Urban Renewal
    U.S.A.C.E.
    U.S.D.A.
    U.S.F.S
    U.S.F.W.S.

    Sign-Up Now to Stay Informed

    * indicates required

    View previous campaigns.

    Send Letters to:
    ​cooscountywatchdog@gmail.com​

    Disclaimer: Letters to the Editor and other opinions published in The Coos County Watchdog blog are not necessarily the views of the Editor, Publisher, or possible anyone else in their right mind.  The Watchdog reserves the right to edit, omit, or copy any and all submissions. 
    Letters to the Editor must be attributed with a name, address, and contact phone number. 

    WARNING:
    Political correctness is not practiced on this
    page & some content is inappropriate

    RSS Feed


    Archives

    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from DieselDemon