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Obama’s ‘Waters of the United States’ EPA Rule Declared Unconstitutional by the Courts

The Obama legacy is getting dismantled rapidly by the courts and the Trump administration.

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Former President Barack Obama’s Waters of the United States (WOTUS) Rule abridged state sovereignty and constituted a federal grab of natural resources on an unprecedented scale when it was issued in 2015, but it may be no more following a federal judge’s ruling.

U.S. District Judge Lisa Godbey Wood granted a substantial victory to the 10 states that challenged the rule in the courts. Godbey claimed that the rule violated the Administrative Procedure Act and the Clean Water Act and was therefore unconstitutional.

“The court finds that both because of its combination with tributaries and the selection of over-broad geographic limits without showing a significant nexus, the adjacent waters definition in the WOTUS rule is unlawful under Justice Kennedy’s Rapanos opinion,” Wood wrote.

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Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.

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“Most importantly, that significant increase in jurisdiction takes land and water falling traditionally under the states’ authority and transfers them to federal authority,” Wood wrote.

“In light of this significant intrusion on traditional state authority, the CWA still contains the policy language of recognizing traditional state power in this area, and Congress has not made any clear or manifest statement to authorize intrusion into that traditional state power since Rapanos,” she added.

Wood suggested that the Army Corps of Engineers and Environmental Protection Agency could do additional work on the measure in order to make it compliant with the law. In the age of President Donald Trump, that may not be happening for quite some time.

The American Farm Bureau Federation (AFBF) is very pleased with the court ruling.

“The court ruling is clear affirmation of exactly what we have been saying for the past five years,” AFBF General Counsel Ellen Steen said. “The EPA badly misread Supreme Court precedent. It encroached on the traditional powers of the states and simply ignored basic principles of the Administrative Procedure Act when it issued this unlawful regulation.”

Republican Senators have introduced a bill called the “Define WOTUS Act,” to take the power out of the hands of federal bureaucrats by defining the term through legislation.

“The Obama-era WOTUS rule threatened Iowa’s farmers, manufacturers, and small businesses by giving the federal government authority to regulate water on 97 percent of land in our state,” said Sen. Joni Ernst (R-IA), who is a co-sponsor of the legislation with Sen. Mike Braun (R-IN).

“President Trump and his administration have taken tremendous steps to roll back this far-reaching regulation and provide for more certainty with a new, clearer definition of WOTUS. But it’s the job of Congress to make a new, reasonable definition permanent, and that’s what this bill does—it ensures more predictability and workability for Iowans for years to come,” she added.

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Congress

Pelosi is Emboldened by Coronavirus Bailout, Vows to Dupe Republicans Harder Next Time

The Democrats’ socialist agenda is winning big during the coronavirus panic.

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House Speaker Nancy Pelosi (D-CA) pulled the wool over the eyes of President Donald Trump and Congressional Republicans with last week’s $2 trillion coronavirus stimulus package. The disaster relief money was earmarked for many liberal pet projects, and Pelosi aims to do the same thing for the next round of bailouts.

She said on Monday that House Democrats are already preparing another massive stimulus bill, using the coronavirus pandemic to enact more socialism. She is likely to include massive infrastructure spending and serious government intervention into the health care markets in the upcoming legislation.

“Our first bills were about addressing the emergency. The third bill was about mitigation. The fourth bill would be about recovery. Emergency, mitigation, recovery,” Pelosi said during a conference call.

“I think our country is united in not only wanting to address our immediate needs — emergency, mitigation, and the assault on our lives and livelihoods — but also, how we recover in a very positive way,” she added.

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Republican leaders are up in arms about how Pelosi is exploiting a crisis to get her partisan agenda muscled through Congress, but it is unclear if they have the courage to actually stop her.

“They’re approaching it — it seems like — as an opportunity to pass their political and ideological agenda. We’re approaching it as, ‘How do we protect the public health and our economy?’ And those are pretty divergent goals,” Sen. John Cornyn (R-TX) said.

Pelosi is eager to exploit the coronavirus crisis quickly and use the panic and fear in the public as an excuse to massively increase government spending and control.

“I do think that it is really important that as soon as we are here, we are ready to pass legislation,” she said.

President Donald Trump and Congressional Republicans did Pelosi’s bidding when they moved forward a $2 trillion bailout bill that included funding for liberal policy goals that had nothing to do with the coronavirus.

Rep. Thomas Massie (R-KY) sounded the alarm over the sham and attempted to get Congress to actually deliberate and vote on the bill. It instead passed on a voice vote with most legislators sequestered away from Washington D.C.

Massie’s principled stand against Pelosi’s profligate spending bill earned him a tongue lashing from President Trump, who now wants Massie replaced in Congress because he’s too conservative.

With no Republicans seemingly willing to stand up against Pelosi, there will likely be more bailout socialism on the way as the Democrats use coronavirus for their far-left power grabs.

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