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.
Wood noted that the rule was issued in direct violation of states’ rights, as the Obama administration flagrantly disregarded the constitutional balance of powers.
“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.
Buffalo Police Officers are Back on Payroll After Encounter with Far-Left Activist Who Took a Fall
This is good news for the rule of law.
Buffalo, N.Y. officers Aaron Torgalski and Robert McCabe, who were suspended last month following an encounter with a left-wing agitator, are back on payroll despite being hit with felony assault charges.
Erie County District Attorney John J. Flynn Jr. filed the charges to appease the mob, but law enforcement has stood with Torgalski and McCabe. Hundreds of cops have lent their support to the duo, and a petition in favor of their reinstatement has been signed 2,700 times. Capt. Jeff Rinaldo confirmed on Monday that the men are back on the city’s payroll.
57 Buffalo police officers resigned from the city’s Emergency Response Team after Torgalski and McCabe were suspended for attempting to keep the peace against the mob.
“Fifty-seven resigned in disgust because of the treatment of two of their members, who were simply executing orders,” said John Evans, president of the Buffalo Police Benevolent Association.
The fake news media rallied around 75-year-old Martin Gugino after he did his fall following a police encounter at a Black Lives Matter (BLM) rally last month. However, President Donald Trump never bought the hype, suggesting in a controversial tweet that Gugino staged the incident to demonize law enforcement.
Buffalo protester shoved by Police could be an ANTIFA provocateur. 75 year old Martin Gugino was pushed away after appearing to scan police communications in order to black out the equipment. @OANN I watched, he fell harder than was pushed. Was aiming scanner. Could be a set up?
— Donald J. Trump (@realDonaldTrump) June 9, 2020
Former FBI agent Gary DiLaura echoed the President’s sentiments, saying that Torgalski and McCabe showed impressive restraint while dealing with Gugino as he accosted them.
“I can’t believe that they didn’t deck him. If that would have been a 40-year-old guy going up there, I guarantee you they’d have been all over him,” DiLaura said.
“He absolutely got away lightly. He got a light push and in my humble opinion, he took a dive and the dive backfired because he hit his head. Maybe it’ll knock a little bit of sense into him,” continued the ex-fed, who has trained Buffalo police on proper defensive tactics when dealing with threats.
“These cops were acting how they have been trained to act. There’s no way they are going to be convicted of assault,” DiLaura added.
Gugino also has a long history of arrests due to his left-wing activism. He has a long record of being involved with illicit and unlawful demonstrations but was ultimately shielded for the consequences of his behavior because of lax criminal justice policies.
Buffalo reinstating pay for Torgalski and McCabe is a good sign for the rule of law, but they must be exonerated completely for justice to truly be served against the left-wing mob.
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