A victory for property rights and individual liberty came via the unanimous Supreme Court decision earlier this month against EPA’s ability to control the “environment” on private property—though their use of wetlands “jurisdictional determinations” under the Clean Water Act. The high court’s opinion states that land owners are now able to challenge government agencies that attempt to assert control over the environment of private property before any permitting process by the owner begins—versus after the owners expenditure of time, effort and expense to obtain a permit. Furthermore, this court’s decision will limit the government’s ability to restrict land owners activities through the application of EPA’s “Waters of the United States” (WOTUS) rule issued last year.
This is the second major SCOTUS decision this year to go against the EPA—the other being the stay issued in February against EPA’s Clean Power Plan. Compared to previous administrations, this EPA appears to be spending way too much time in court defending its actions, and not nearly enough time effectively protecting the nation’s environment. Some of the agency’s actions, or inactions, have resulted in environmental damage. Two glaring examples are last year’s contamination of Colorado’s Animas River drinking water supply, and the ongoing lead contamination of drinking water in Flint, Michigan.
Then there is the fallout from EPA’s regulatory agenda—particularly the Clean Power Plan—their crown jewel of carbon emissions rulemaking. Although the CPP was stayed, EPA officials are not deterred and are now moving ahead with key components of the plan, particularly in those 17 states lead by democrat governors. The EPA may be flagrantly violating the law by ignoring the Supreme Court ruling on the CPP. According to the electric utility industry, 30 states, and their state agencies, all of whom are suing to eliminate the plan—EPA is absolutely in violation.
There is also demonstrated collusion between EPA employees and outside environmental interests. FOIA requests and legal depositions have revealed a pattern of illicit email trails and phone calls between EPA officials and radical environmental groups. In some cases the outside groups have actually “co-authored” EPA regulations—creating a circus out of federal agency rulemaking—which is supposed to be based on transparent public participation and not “insider trading” by the environmental movement.