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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.

Trending: Mike Lee Passes Big Tech H-1B Visa Giveaway in Senate Without Objection

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.

Congress

ANOTHER PHONY? Sen. Josh Hawley Does Nothing to Oppose Big Tech Visa Giveaway for Indian Nationals

Hawley’s silence is deafening.

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Yesterday, Sen. Mike Lee (R-UT) was able to pass S. 386 with unanimous consent in the Senate. The legislation is a green card giveaway lobbied for by Big Tech that will flood America with cheap Indian labor and displace native workers.

Lee has been exposed as a lawmaker who is in the back pocket of Silicon Valley monopolists at war with the Bill of Rights and Constitution:

While it is expected that Lee would completely sell America out, the silence from his colleagues who have claimed to vehemently oppose Big Tech has been far more suspicious. The unwillingness of Sen. Josh Hawley (R-MO) to oppose the measure has caused him to lose credibility among the populist “America First” base.

Big League Politics reported on how not one GOP senator had the courage to offer opposition to Lee’s big government giveaway to third-world foreigners at the behest of tech corporations who hate free speech:

Utah Senator Mike Lee succeeded in passing legislation in the Senate that would eliminate per-country-caps on recipients of H-1B visas on Wednesday, a policy change that would effectively monopolize the visa system for nationals of large countries such as India.

The Fairness for High-Skilled Immigrants Act has been called the greatest corporate welfare program for Big Tech in recent memory. Lee has persistently sought to pass the corporate giveaway, with previous attempts to eliminate per-country-caps being blocked by Democrat Dick Durbin and Republican Rick Scott. Neither Senator objected to the unanimous passage of the modified S386 legislation on Wednesday afternoon.

Big Tech monopolies such as Apple, Google and Microsoft have fervently lobbied in favor of eliminating per-country caps, seeking to replace their American workforces with de facto indentured workers who accept lower wages and worse working conditions. The pervasive use of the H-1B visa in the American technology industry has displaced countless American workers from their careers.

Lee’s giveaway doesn’t specifically raise annual H-1B visa rates, although an increase in numbers of visa workers would be a likely consequence of its enactment. It’s expected that the program will be dominated by Indian nationals in the event that Lee’s HR1044/S386 is signed into law, providing massive corporations with a considerable labor pool willing to work for less in return for an American visa.

The legislation was most recently updated with a provision blocking Chinese nationals from using the H-1B program. This provision appears to have been instrumental in securing its passage through the Senate.

It appears that Hawley is attempting to co-opt President Trump’s movement without offering much of anything in terms of real substance.

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