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  • Category Archives A Wetland is A WOTUS
  • Feb 28, 2017 POTUS Executes WOTUS

    PRESIDENT OF THE UNITED STATES (POTUS) DONALD J. TRUMP

    SIGNED AN EXECUTIVE ORDER ON WATERS OF THE UNITED STATES (WOTUS)

    Indeed, Trump Signed an Executive Order to Begin Water Rule Rollback

    In President Trump’s own words, “With today’s executive order I’m directing the EPA to take action paving the way for the elimination of this very destructive and horrible rule,” Trump said.

    “The EPA so-called Waters of the United States rule is one of the worst examples of federal regulation, and it has truly run amok, and is one of the rules most strongly opposed by farmers, ranchers and agricultural workers all across our land,” Trump said. “It’s prohibiting them from being allowed to do what they’re supposed to be doing. It has been a disaster.”

    The rule was signed by President Obama in May of 2015, (the master of several disasters) and went into effect in late August of 2015.

    President Trump’s  Director of Environmental Protection Agency Scott Pruitt was  sworn in on Feb 17, 2017. “They” say….Scott Pruitt is the EPA’s Legal Nemesis

    POTUS Executes WOTUS

    They” say it was a hatchet job.

    “They” say 3000 jobs will be lost at the EPA.

    I say great, 3000 more ways to downsize the government

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    START HERE… WHERE EVERYTHING FEDERAL STARTS….

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotuswater-runs-down-hill/

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

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    The EPA is earning a reputation for abuse – The Washington Post

    https://www.washingtonpost.com/opinions/…epa-is…abuse/…/gIQAucvzzT_story.html

    May 3, 2012Earlier this year, Mike and Chantell Sackett brought a case against the EPA to the Supreme Court, challenging a “compliance order” …

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    Apr 4, 2012 www.nationalreview.com/article/295188

    That subtext to the Sackett opinion is one that the lower courts (who try to avoid being overruled) can read as clearly as EPA.
    Congress should subpoena Al Armendariz, the EPA’s regional administrator, to come explain how this whole fiasco happened.
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    Apr 25, 2012 – Uploaded by Senator Jim Inhofe

    2010, video  which shows a top EPA official, Region VI Administrator Al Armendariz, using the vivid metaphor of crucifixion to explain EPA’s enforcement tactics for oil and gas producers.

    https://www.youtube.com/watch?v=ze3GB_b7Nuo
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     Apr 4, 2012

    The EPA Abuses First, Apologizes Later – | National Review

    www.nationalreview.com/article/295188

    Apr 4, 2012 – EPA can issue emergency orders to anybody. The Supreme Court’s recent decision in Sackett v. EPA, which insisted that citizens hit with an …

     The EPA Abuses First, Apologizes Later
    April 4, 2012 4:00 AM @Mario_A_Loyola

    The regulatory state’s biggest bully beats up another victim.

    Read more at: http://www.nationalreview.com/article/295188

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    May 29, 2012

    Senate Republicans Request Answers on EPAís Sackett … – Inhofe

    www.inhofe.senate.gov/…/senate-republicans-request-answers-on-epais-sackett-comm…

    May 29, 2012Senate Republicans Request Answers on EPA’s Sackett Comments … Post saying that the agency is ‘earning a reputation for abuse.’ EPA …

    Just saying….

    May 29, 2012 The establishment’s GOP asked questions and talked about it

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    Sep 4, 2015

    Behind My Back | PLF lawsuit on WOTUS

    www.behindmyback.org/2015/09/04/plf-lawsuit-on-wotus/

    Sep 4, 2015 – PLF lawsuit on WOTUS Pacific Legal Foundation (PLF) lawsuit … www.behindmyback.org/2014/03/12/who-is-protecting–we-the-people/.

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    Feb 11, 2016

    Behind My Back | A Wetland is A WOTUS

    www.behindmyback.org/category/a-wetland-is-a-wotus/

    Feb 11, 2016 – www.behindmyback.org/2016/04/26/let–me–ask–america-a-question/ ….. www.behindmyback.org/2015/09/04/wotus–water-runs-down-hill/.

    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

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    THIS IS A SCIENTIFIC FACT!
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology “DID”  ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that

    SHALL fall under the WOTUS Environmental Protection Agency (EPA) Clean Water Act and become subject to EPA review and control.

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    The EPA’s enforcement policy and tactics for WETLANDS

    EPA’s abuse of the Sacketts inspires latest thriller by CJ Box

    www.pacificlegal.org › Home › News & Media
    Pacific Legal Foundation

    Mar 12, 2013“EPA is not above the law — that’s the bottom line with the Sacketts‘ Supreme Court victory,” said PLF Principal Attorney Damien Schiff, who …

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     EPA’s enforcement tactics for oil and gas producers.

    EPA Official: EPAs “philosophy” is to “crucify” and “make …

    https://www.youtube.com/watch?v=ze3GB_b7Nuo
    Apr 25, 2012 – Uploaded by Senator Jim Inhofe

    A video from 2010, which shows a top EPA official, Region VI Administrator Al Armendariz, using the vivid metaphor of crucifixion to explain EPA’s enforcement tactics for oil and gas producers.

    Just saying…

    Apr 25, 2012 The establishment’s GOP watched it and talked about it.

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    On Feb 28, 2017 with the stroke of his pen in President Trump’s own words, “With today’s executive order I’m directing the EPA to take action paving the way for the elimination of this very destructive and horrible rule,” Trump said.

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    March 2, 2017 UNDER WOTUS, THE EPA’S  POLICY FOR ENFORCEMENT HAS  ABUSED HUNDREDS OF AMERICAN CITIZENS, INCLUDING IMPRISONMENT.

    HOW HORRIBLE IS THAT….

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    Post on Pie N Politics

    WOTUS overturned! Now pardon Joe Robertson!

    Clean Water ACT – EPA, CORRUPTION, Federal gov & land grabs, President Trump and officials
    On the back of today’s Executive Order, Joe deserves an immediate, unconditional federal pardon.
    ….
    To be Continued…

  • The Human Toll of WA DC Edicts 2012-2016

    2012 TWO COUNTIES – same problem – water and land use REGULATIONS

    SISKIYOU COUNTY CALIF –  CLALLAM COUNTY WASHINGTON

    WHAT HAVE OUR COUNTY’S GOT IN COMMON?

     WATER AND LAND USE REGULATIONS AND LITIGATION ARE DESTROYING US.

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    2016  THREE  COUNTIES – same problem – water and land use REGULATIONS

    FEBRUARY 26, 2016  THE SOCIAL, ECONOMIC CATASTROPHE CAUSED BY (WA DC Edicts) FEDERAL CONTROL, THREE COUNTIES,  THREE STATE, SISKIYOU COUNTY CALIF –  CLALLAM COUNTY WASHINGTON And JOSEPHINE COUNTY OREGON CAUSED BY THE….

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    THIS IS A MUST READ FIRST

    BLM Bureau of Land Mismanagement

    Posted on February 29, 2016 9:33 am by Pearl Rains Hewett Comment

    February 26, 2016 Toni Webb’s  story is here… OREGON CANDIDATE EXPOSES SOCIAL, ECONOMIC CATASTROPHE CAUSED BY FEDERAL CONTROL IN JOSEPHINE COUNTY OREGON

    Liz and I both saw this … As the history of our three counties in three different states. Washington State, Oregon and Calif. Liz Bowen is from Siskiyou County, Calif. Pie N Politics Pearl Rains Hewett is from Clallam County WA

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    JUNE 10, 2016

    The Bottom line….

    Pearl Rains Hewett,  LET ME ASK AMERICA A QUESTION

    HOW HAS THE ‘SYSTEM’ BEEN WORKING OUT FOR YOU AND YOUR FAMILY?

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    By Donald J. Trump April 14, 2016 7:18 p.m. ET

    (unedited full text)

     LET ME ASK AMERICA A QUESTION

    HOW HAS THE ‘SYSTEM’ BEEN WORKING OUT FOR YOU AND YOUR FAMILY?

    Behind My Back | Let Me Ask America a Question

    www.behindmyback.org/2016/04/26/letmeaskamerica-a-question/

    Apr 26, 2016 – Let Me Ask America a Question. How has the ‘system’ been working out for you and your family? No wonder voters demand change.

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    MAY 9, 2016 DONALD J. TRUMP SAID ” AS A BUSINESSMAN I THINK REGULATIONS ARE EVEN WORSE THAN TAXES”.

    WOW, GETTING RID OF THE EPA?  Environmental Protection Agency

    THE ESA THE ENDANGERED SPECIES ACT?

    May 27, 2016 – Trump accused state officials of denying water to Central Valley farmers so they can send it … so they can send it out to sea ‘to protect a certain kind of threeinch fish‘. The theory that California’s water shortage is all the fault of the Environmental Protection Agency is, like most conspiracy.

    GO FIGURE? WATER FOR PEOPLE NOT A THREE INCH ENDANGERED SMELT.

    The Human Toll of WA DC Edicts 2012-2016

    Apr 26, 2016 – Let Me Ask America a Question. How has the ‘system’ been working out for you and your family? No wonder voters demand change.

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    DONALD J. TRUMP, AS PRESIDENT OF THE UNITED STATES, A BUSINESS MAN, WILL BE TRANSFERRING THE CONTROL OF OUR PRIVATE AND PUBLIC LANDS BACK TO WESTERN STATES, LIKE OREGON, BACK TO WE THE PEOPLE, BECAUSE IT IS SO CRITICAL TO OUR SURVIVAL.

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     The Human Toll in Siskiyou County – KARE

    www.klamathalliance.org/information/the-humantoll-in-siskiyoucounty/

    Siskiyou County has been hard hit by the environmental movement during the past twenty years. Time and again, we are promised that tourism will rise and …

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    Nov 18, 2012- June 10, 2016

    CLALLAM COUNTY WASHINGTON- SISKIYOU COUNTY CALIF-  

    OUR TIMBER INDUSTRIES  HAVE BEEN HARD HIT BY THE “ENVIRONMENTAL MOVEMENT” DURING THE PAST TWENTY YEARS.

    TIME AND AGAIN, WE ARE PROMISED THAT TOURISM WILL RISE AND …

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    from Pearl Rains-Hewett

    Posted 11/18/2012

    WHAT HAVE OUR COUNTY’S GOT IN COMMON?

    OUR TIMBER INDUSTRIES AND,

    How Water and Land Use REGULATIONS and Litigation Are DESTROYING Us

    2012 “The hand writing on the wall” is an idiom for “imminent doom or misfortune” and for “the future is predetermined”.

    CLALLAM COUNTY

    Timber harvesting is the dominant land use in the County with 285,842 acres in large commercial timber holdings. Widespread timber harvesting in the area began in the 1920’s and continued intensively through the 1980’s, when the rate slowed significantly due in part to federal listings of the northern SPOTTED OWL AND MARBLED MURRELET.

    At one time, it was the largest timber production area in the state.

    However, OUR FOREST INDUSTRIES HAVE BEEN DEVASTATED BY FEDERAL AND STATE REGULATIONS.

    How many sawmills and wood processing facilities are gone?

    There is no doubt that the restrictions on timber harvest from public lands under the Northwest Forest Plan have played a significant role in this decline.

    Eighty- one % (81%) of the land base in Clallam County proper is in Federal (or state) ownership.

    Olympic National Forest Is over 1 million acres.

    There are more than ? miles of wild and scenic rivers in Clallam County.

    What is the unemployment rate? 9.1% of the labor force Sep 2012

    One aspect of this is land conversion from private to Federal lands.

    acquisition or conservation easements

    new wildlife refuge

    convert acres of farmland to wetlands

    There are many forest-dependent communities in our county where local unemployment is estimated from?

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    SISKIYOU COUNTY

    Siskiyou County accounts for 15% of the timber harvested in California.

    At one time, it was the second largest timber production area in the state.

    However, our forest industries have been devastated by Federal and State regulations.

    There are many forest-dependent communities in our county where local unemployment is estimated from 30-40%.

    There is no doubt that the restrictions on timber harvest from public lands under the Northwest Forest Plan have played a significant role in this decline.

    all 17 sawmills were gone and wood processing facilities

    Sixty-three % (63%) of the land base in Siskiyou County is in Federal (or state) ownership.

    There are more than 152 miles of wild and scenic rivers in the County.

    National Forest’s 1.7 million acres alone comprises 42% of Siskiyou County’s land base.

    In March of 2012, the unemployment rate was 18.7%, ranking Siskiyou 50th out of 56 counties in the state.

    The AP Economic Stress Index ranks Siskiyou County as the 14th most economically stressed county in the United States.

    One aspect of this is land conversion from private to Federal lands.

    Since 1999, 8,625.71 acres valued at $3,922,179 have been converted to Federal land.

    Another 11,236 acres of ranch land in the Shasta Valley is currently proposed for conversion to a new wildlife refuge.

    In addition, the proposed Klamath Basin Restoration Agreement seeks to convert 44,479 acres of farmland in the Upper Klamath Basin to wetlands, (some of which may be in Siskiyou County.)

    It also proposes to secure 21,800 acres of farmland by acquisition or conservation easements in the Scott and Shasta Valleys of Siskiyou County.

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    Pearl Rains Hewett

    Please read on if you are concerned

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    Siskiyou County Supervisor Marcia Armstrong 5/31/12

    “I have completed part I of my report on (Integrated Water Resources Management) IWRM. http://users.sisqtel.net/armstrng/IRWM%20siskiyou%20part1.htm This includes an economic and social impact study, a briefing on each of Siskiyou County’s Agricultural areas in the Klamath, a briefing on water rights and a chronology of the major actions (legal, regulatory) in the Klamath River/Siskiyou County over the past 15 years.”

    Part 1 – Siskiyou County

    How Water and Land Use Regulations and Litigation Are Destroying Us

    By Marcia H. Armstrong © 2012
    armsrtrng@sisqtel.net
    (reprint granted with attribution)

    Background on Siskiyou County and its Economy

     

    GENERAL:

    Sixty-three % (63%) of the land base in Siskiyou County is in Federal (or state) ownership. There are portions of the Klamath National Forest; Shasta-Trinity National Forest; Six Rivers National Forest;Modoc National Forest; and Rogue Siskiyou National Forest in Siskiyou County. The Klamath National Forest’s 1.7 million acres alone comprises 42% of Siskiyou County’s land base. The county also includes the Tule Lake and Lower Klamath National Wildlife Refuges, as well as the Lava Beds National Monument. There are various BLM lands administered by the Redding, Medford, Ashland and Susanville BLM offices. There are more than 152 miles of wild and scenic rivers in the County. There are lands held in tribal trust for the Karuk and Quartz Valley Indian tribes.

    The entire land base of Siskiyou County is 4,038,843 acres or 6,287 square miles. Of this, 1,153,246 acres (29%) is in farmland, however only 138,000 acres (3% of tot. county acres) are irrigated. 2,525,216 acres is considered rangeland/woodland/ forest (inc. National Forest.) Our relatively sparse population of 44,301 classifies the county as “frontier.” There are nine small incorporated cities that date back to the California Gold Rush. Eight tenths of one percent of private land is urban.

    In the year 2000, the average unemployment rate for the year was 7.5%. By 2008, it had risen to 10.2%, rising again to 15.8% in 2009. In March of 2012, the unemployment rate was 18.7%, ranking Siskiyou 50th out of 56 counties in the state. There are many forest-dependent communities in our county where local unemployment is estimated from 30-40%. The average wage per job in 2008 was $32,707. That was only 63% of the state average. The median household income was $36,823 — or 60% of the state median. Non-household median income is currently $27,718 — a ranking of 47th in the state. The AP Economic Stress Index ranks Siskiyou County as the 14th most economically stressed county in the United States.

    Siskiyou County has a substantial low income population. In 2010, 18.6% of all residents in Siskiyou County, 26.6% of children under the age of 18 and 7.3% of those 65 years or older lived below the poverty line. In 2010, the economic impact of jobs at Human Services and entitlement benefits to County residents was $71,581,874. This includes: $11.6 million in annual “assistance costs” (CalWorks/welfare, Foster Care;) $8.8 million in annual food stamps; $4.7 million in In-Home-Support-Services for the elderly and disabled; and $36.7 million in Medical Assistance/Medi-Cal.

    Social statistics indicate that Siskiyou County has the second highest child abuse/neglect rate in the state – (3 times the state average.) Compared to Los Angeles County, Siskiyou County has higher rates of all forms of violent crime except homicide. [aggravated assaults, forcible rape, and robbery.] Often these crimes have similar underlying causes, namely, social strain combined with the selective disinhibition fueled by alcohol and drug use (read Robert Nash Parker; Robin Room; and Jeffery A Roth). The premature death rate for the general population is almost twice that of the national average.

    According to Indicators of Alcohol and Other Drug Risk and Consequences for California Counties Siskiyou County 2007, the number of local fatalities in alcohol-involved motor vehicle accidents was three times that of the statewide average; the death rate due to alcohol and drug use was 32.5 deaths per 100,000 persons (compared to a state average of 20.9/1000.) Methamphetamine accounted for 44% of admissions for alcohol and drug treatment. Admissions for alcohol use accounted for 31 percent of admissions in 2004. The death rate for cirrhosis if the liver was three times the Healthy People 2010 goal. Drug-induced deaths were 19 times higher than the Healthy People 2010 goal per 1,000. About 85% of child abuse cases involve methamphetamine.

    THE ECONOMY OF SISKIYOU COUNTY IS BASED ON SMALL BUSINESS. In 2008, there were 6,857 non-farm proprietors in Siskiyou County. According to 2007 data, 61% of non-farming establishments in Siskiyou County had less than 4 employees; 82% had less than 10 employees and 93% had less than 20.

    Agriculture is a major economic sector of the county. Our 2010 Siskiyou County Annual Crop and Livestock Report indicates that the agricultural valuation in the county was $195,711,956 (gross and excluding timber.) According to the USDA Ag Census, in 1992 Siskiyou County had 647,446 acres in farms. By 2007, this had been reduced to 597,534 acres. The 1996-2008 Land Use Summary, Farmland Mapping and Monitoring Program indicates that during the span of the report, Siskiyou County lost 15,164 acres of prime farmland; 3,036 acres of farmland of statewide importance; 40,456 acres of farmland of local importance. With an addition of 16,126 acres of grazing land and 2,390 acres of unique farmland, this mean a total loss of 40,140 acres of farmland. In 2000, there were 895 farm proprietors in Siskiyou County. This declined to only 730 in 2008. The county lost 81 livestock ranches from 1992 to 2007, with an accompanying loss of 20,882 fewer cattle and calves in inventory. According to the CA D.O.T. Siskiyou County Economic Forecast, since 1995, Siskiyou County’s agriculture industries have experienced substantial job loss of about 586 jobs, declining almost 45%.

    During the past 20 years, there has also been a restructuring of size and sales in agricultural operations. Since 1992 to 2007, there has been an increase in the number of small farms: farms under 10 acres doubled to 80. Farms under 50 acres increased 59% to 229. Farms 50-179 acres increased 27% to 228. Farms from 180-449 acres remained about the same at 79. However, there was a 19% reduction in farms 1000 acres or more to 100 farms in 2007. One aspect of this is land conversion from private to Federal lands. Since 1999, 8,625.71 acres valued at $3,922,179 have been converted to Federal land. Another 11,236 acres of ranch land in the Shasta Valley is currently proposed for conversion to a new wildlife refuge. In addition, the proposed Klamath Basin Restoration Agreement seeks to convert 44,479 acres of farmland in the Upper Klamath Basin to wetlands, (some of which may be in Siskiyou County.) It also proposes to secure 21,800 acres of farmland by acquisition or conservation easements in the Scott and Shasta Valleys of Siskiyou County.

    At the same time, farms having less than $2,500 in sales increased 105% to 359. Farms selling $2,500-9,999 stayed about the same at 151. Farms selling $10-$24,999 decreased 10% to 95. Farms selling $25,000-$49,999 decreased about 18% to 60. Farms selling $50,000 to $99,999 decreased 45% to 44 and farms with sales in excess of $100,000 increased by 28% to 137.

    Siskiyou County accounts for 15% of the timber harvested in California. At one time, it was the second largest timber production area in the state. However, our forest industries have been devastated by Federal and State regulations. For instance, the forestry section of Siskiyou County’s 1972 Conservation Element of the General Plan indicated that there were 17 sawmills in the county (employing 2,055 people or 24% of the employment base) and 8 wood processing facilities (employing 294 people or 3% of the employment base). There were 46 logging contractors and support establishments employing 501 people or 5% of the employment base. By 2007, ALL 17 SAWMILLS WERE GONE. The census indicates that there were a total of 6 wood products manufacturing establishments (including veneer mills) employing 380 people (one mill has subsequently closed in Butte Valley). There were 38 Logging, Forestry and Support Establishments employing 157 employees.

    There is no doubt that the restrictions on timber harvest from public lands under the Northwest Forest Plan have played a significant role in this decline. In 1978, 239 MMBF of timber was harvested from the Klamath National Forest (KNF), 274 MMBF from the Shasta Trinity National Forest (STNF) and 73 MMBF from the Six Rivers National Forest (SRNF.) In 2008, 20 MMBF was harvested from the KNF, 22 MMBF from the STNF and 8 MMBF from the SRNF. [Seehttp://users.sisqtel.net/armstrng/regulatory%20impacts.htm for links to tables and reports]

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    The Human Toll in Siskiyou County – KARE

    The Human Toll in Siskiyou County

    SISKIYOU COUNTY HAS BEEN HARD HIT BY THE ENVIRONMENTAL MOVEMENT DURING THE PAST TWENTY YEARS. TIME AND AGAIN,

    WE ARE PROMISED THAT TOURISM WILL RISE AND OFFSET ANY DAMAGE TO OUR RESOURCE DRIVEN ECONOMY, AND YET THOSE DOLLARS REFUSE TO MATERIALIZE.

    For 20 years, timber has been excluded from our national forests (see this shocking graph) which consume nearly two thirds of our entire county. Mining has been all but eliminated, agriculture (the largest remaining industry in this county)

    AND NOW KS WILD HAS THE TEMERITY TO CLAIM THAT OUR COUNTY WILL BE BETTER OFF WITH ANOTHER 200,000 ACRES (OF 600,000 TOTAL) OF TIMBERLAND LOCKED UP IN SOME “CLIMATE REFUGE?” Next time somebody trots out that line, give them some of these demographic statistics:

    Unemployment, July 2011

    (State wide data by county: PDF file)

    • California: 12.4%
    • Siskiyou Co: 16.6%
    • Shasta Co: 15.0%
    • Modoc Co: 13.9%
    • Humboldt Co: 11.9%
    • LA Co: 13.3%
    • Sacramento Co: 12.9%
    • San Franscsco Co: 9.0%

    Siskiyou County 2010 Snapshot

    (PDF file)

    • Population: around 48,000
    • The median age of the population is 43
    • 36% of the population is employed
    • Unemployment is 18.5%
    • Median Household Income $35,692 ($59,928 for CA)
    • 28% of households have children under 18 (46% USA)
    • 18% of the population lives below the poverty line (13% CA)
    • 27% of children live below the poverty line (18.5% CA)
    • 18% of the population is eligible for food stamps
    • 22% are eligible for Medi-Cal programs (18% CA)
    • Substantiation of Child Abuse and Neglect 31.7 per 1,000 ( 9/1,000 for CA)
    • Siskiyou Co. has higher rates of all violent crime (aggravated assaults, forcible rape and robbery) except homicide than Los Angeles Co. 11% of Seniors aged 60 and above have been abused.
    • Methamphetamine accounts for 44% of substance abuse treatment admissions. Roughly 11.9 percent of adolescents under 18 reported binge drinking over the past month (CA 6.6 percent.)
    • Of youth between age 10-17 admitted for treatment, 72% were for marijuana, 17% methamphetamine, and 11% alcohol. 83% were male. This age group also accounts for 13% of drug-related arrests.
    • Individuals between 25 and 34 years account for 25 percent of admissions to alcohol and drug treatment. This age group also accounts for 22 percent of drug related arrests
    • Individuals between 35 and 44 years accounts for 27 percent of alcohol-related arrests

    Twenty Year Trends

    (PDF file)

    • Demographic Trends — Age distribution: The census indicates that between 1990 and 2008, Siskiyou County experienced a 25% loss in the population of children under the age of 18. The County saw a 45% increase in the population age 45-64 and an 18% increase of those age 65 and older. This shows that our population is aging dramatically, and younger family wage earners are migrating elsewhere.
    • Income Trends; The BEA (Bureau of Economic Analysis) indicates that in 1987, the average wage for jobs in Siskiyou County were 73% of the California average. There was a steady decline down to as low as 57% in the year 2000, then the percentage stabilized at 61 % with an increase to 63% in 2008. This shows that our wages are depressed, not keeping pace with inflation and the rest of the state.
    • Unemployment — The EDD statistics indicate that from 1990-2009, the highest rates of unemployment occurred in individual months in 1991-1993 (19.3-21.1%.) The average rate of unemployment for 1991 was 13.2, for 1992 — 15.8 and for 1993 -15.6. This high rate likely reflects the closure of the four timber mills in Siskiyou County between 1989-1999. The rate of unemployment then very gradually decreased each year until it plateaued around 2001 -2007 at 8-9.5% It climbed to an average of 10.2% in 2008 and was at 15.8% average in 2009.
    • Median Household Income The census (SAIPE) reports that in 1989, the median household income of Siskiyou County residents was $22,077. This was 66% of the California median, (down $11,000 from the CA median.) In 2008, the Siskiyou County median was $36,823. It had decreasedto 60% of the California median, (down $24,000 from the CA median household income.) Siskiyou County ranks 51 out of 58 California Counties in median income.
    • Poverty Rates — The census (SAIPE) reports that in 1989, 14.4% of Siskiyou County residents lived below the poverty line. This was 1.7% higher than the poverty rate for California in general. In 1989, 23.5% of children under 18 in Siskiyou County lived in poverty. This was 2.2% higher than the California rate. In 2008, 16.4% of all residents in Siskiyou County lived in poverty. This is a 2 percent increase in the rate over that of 1989 and is 3.1% higher than the California rate. In 2008, 25.4% of children under the age of 18 in Siskiyou County lived in poverty. That is a 2 percent increase in the rate over that of 1989 and is 6.9% greater than the California rate.

    Summary Comment: Siskiyou County is an aging county. A large percentage of children in the county live in poverty and this is getting worse. Average wages are poor compared to the rest of California and getting worse. The household median income in the County has historically lagged far behind that of California and is getting worse. Unemployment has always been substantially higher than California in general. After stabilizing from high employment in the aftermath of mill closures and Forest Service layoffs, unemployment has substantially increased in the past two years and is climbing. It is currently 15.6% (May 2010.) The well-being of a substantial number of Siskiyou County residents is depressed and trending downward.

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    JUNE 10, 2016

    The Bottom line….

    Pearl Rains Hewett,  LET ME ASK AMERICA A QUESTION

    HOW HAS THE ‘SYSTEM’ BEEN WORKING OUT FOR YOU AND YOUR FAMILY?

     


  • WA State Reform on Wetland Delineation?

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    Dear Rene’, Hello our/my elected Federal, my elected WA State representative, Clallam County Commissioners,  Mary and Connie,

    I received emails from Rene’ in Eastern WA (full text at the bottom)

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    A WETLAND IS A WOTUS “Water Of The United States”

    Our Olympia representatives have “NEVER” supported wetlands delineation reform.

    OUR WA State legislators “DID NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.

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    Wetland delineation is also an element of a “jurisdictional determination. ... A WETLAND IS A WOTUS “water of the United States” and thus regulated under the federal Clean …

    Wetland delineation establishes the existence (location) and physical limits (size) of a wetland for the purposes of federal, state, and local regulations.

    Wetland delineation is also an element of a “jurisdictional determination.” This process identifies which water bodies within a project’s boundaries meet the definition of “waters of the United States.” For more information on this, see the Corps’ of Engineers (Corps) Regulatory Guidance Letter 08-02, Jurisdictional Determinations.

    Remember that the Corps, not applicants or their consultants, determines whether or not a wetland is a “water of the United States” and thus regulated under the federal Clean Water Act (CWA). If the Corps determines that a wetland is not subject to the CWA, the wetland may still be a “water of the state” and subject to regulation by Ecology as well as by local jurisdictions. Ecology regulates wetlands determined by the Corps to be non-jurisdictional due to their isolation from navigable waters. > More on Isolated Wetlands

    ———————————–

    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)

    ———————————————————-

    September 3, 2015

    What’s Up with WOTUS? – News | Agweb.com

    www.agweb.com/…/whatsup-with-wotus-NAA-university-news-release/

    What does the temporary injunction of WOTUS mean for farmers? … What’s Up with WOTUS? September 3, 2015 05:57 AM …

    —————————————————

    September 4, 2015

    PLF lawsuit on WOTUS

    Posted on September 4, 2015 9:46 am by Pearl Rains Hewett
    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” (WOTUS) power grab

    ——————————————————————

    September 4, 2015

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotuswater-runs-down-hill/

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    ———————————————————

    January 22, 2016 THE GOOD NEWS WAS….

    WOTUS rule – PLF Liberty Blog – Pacific Legal Foundation

    blog.pacificlegal.org/tag/wotusrule/

    Congress and Obama clarify their positions on the WOTUS rule, and it doesn’t look good for the President. Posted on January 22, 2016 by Todd Gaziano.

    January 22, 2016 THE BAD NEWS IS…

    PRESIDENT OBAMA VETOED THE LEGISLATION A DAY LATER.

    SO WHERE DO WE GO FROM HERE?

    REGARDING Legislative reform ideas for WA STATE SMPs and wetlands delineation update?

    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    ——————————————————————————

    The EPA’s enforcement tactics for WETLANDS

    EPA’s abuse of the Sacketts inspires latest thriller by CJ Box

    www.pacificlegal.org › Home › News & Media
    Pacific Legal Foundation

    Mar 12, 2013 – “EPA is not above the law — that’s the bottom line with the Sacketts‘ Supreme Court victory,” said PLF Principal Attorney Damien Schiff, who …

    ———————————————————–

     EPA’s enforcement tactics for oil and gas producers.

    EPA Official: EPAs “philosophy” is to “crucify” and “make …

    https://www.youtube.com/watch?v=ze3GB_b7Nuo
    Apr 25, 2012 – Uploaded by Senator Jim Inhofe

    A video from 2010, which shows a top EPA official, Region VI Administrator Al Armendariz, using the vivid metaphor of crucifixion to explain EPA’s enforcement tactics for oil and gas producers.

    ————————————————————————-

    START HERE…

    WHERE EVERYTHING FEDERAL STARTS….

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotuswater-runs-down-hill/

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    —————————————————————–

    PLF UNDERSTANDS THE GRAVITY OF (WOTUS)

    WOTUS – Pacific Legal Foundation

    https://www.pacificlegal.org/wotus
    —————————————————-

    snippet..

    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–

    THIS IS A SCIENTIFIC FACT!
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology “DID”  ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————————————————————

    Full text of emails received from Rene” on this

    Subject: Legislative reform ideas for SMPs and wetlands delineation update
    —– Original Message —–
    From: Appy Holadays Sport Horses
    To: ddashiell@co.stevens.wa.us ; wesm03828@gmail.com
    Sent: Wednesday, February 10, 2016 5:51 PM
    Subject: Legislative reform ideas for SMPs and wetlands delineation update
    Hello Commissioners,

    I would appreciate it if you could forward this email to Steve Parker as well, since I don’t have his email address on hand. As SMPs are starting to be formed in this County, I hope our State can move in this direction, described below, instead. Below are some good ideas I wanted to provide for you to think about, as the State CAPR Director, Glen Morgan has sent this to all the CAPR groups for info.

    We hope to have Glen Morgan and Licensed Hydrogeologist, Steve Neugebauer over here again this spring to help with the SMPs and related issues. If either of you would want to attend, let me know and I will be sure to send you an invitation with time and date.

    In the meantime, we have taken Don’s advice to get the wetland delineation removed from the Potter’s property through licensed hydrogeologist, Steve Neugebauer, and actual “Wetland Specialist”, Rone Brewer who both worked together and provided a complete wetlands determination that was 218 pages in length.

    However, now the Planner is not willing to write the letter that can be recorded with the County that verifies that there is not in fact a wetland on the Potter’s property. While that is the conclusion that you had advised we move toward, the Planner is refusing to cooperate with writing the letter of verification. We would appreciate your help with this issue, as it was your direction that we have been taking and have now completed.

    Apparently Connee Potter has tried a few times to set an appointment with Don, but has not heard back from him yet. So if you could please respond asap, we would like to get this wrapped up.

    Thank You,

    Rene’ Holaday

    Stevens County CAPR, Chapter 15
    —–Forwarded Message—–
    From: Scott Shock
    Sent: Feb 10, 2016 9:55 AM
    To: ‘Cindy Alia’ , Glen Morgan , capr-gov@lists.celestial.com
    Subject: [capr-gov] Legislative reform for shorelines and property rights in Wisconsin

    FYI:

    http://www.washingtontimes.com/news/2016/feb/9/assembly-to-vote-on-water-development-property-rig/

    Assembly approves water development, property rights bills

    By TODD RICHMOND – Associated Press – Tuesday, February 9, 2016

    MADISON, Wis. (AP) – Shoreline property owners would have more leeway to dredge and build structures on bodies of water under legislation the Wisconsin Assembly advanced Tuesday despite concerns from minority Democrats that the proposals would harm the state’s waters.

    The bill would make sweeping changes to statutes and regulations governing construction in water bodies, with one of the biggest changes involving waters designated as areas of special natural resource interests, or ASNRIs.

    Under current law, such areas include waters of significant scientific value that contain endangered or threatened species, wild rice waters, ecologically significant coastal wetlands along Lakes Michigan and Superior and wild or scenic rivers. Construction permits in such areas require builders to meet a long list of standards.

    The bill would remove the requirement that an ASNRI have significant scientific value and prevent the Department of Natural Resources from designated an ASNRI based on scientific value without legislative approval beginning in 2017.

    The legislation also includes changes that would make dredging and filling wetlands easier.

    The bill would create a general permit authorizing shoreline property owners to dredge 25 cubic yards of material from an inland lake and 100 cubic yards of material from outlying waters annually. The DNR’s review of alternatives to filling wetlands would be limited to options consistent with the scope of the project and maintenance work on roadside ditches that affects wetlands could be done without a permit.

    The measure’s authors, Rep. Adam Jarchow of Balsam Lake and Sen. Frank Lasee of De Pere, contend the measure will cut red tape, clarify regulations and puts more power in property owners’ hands. A host of business associations, including Wisconsin Manufacturers and Commerce, the state’s largest business group, and the Wisconsin Builders Association, support the bill.

    A number of environmental groups, including Clean Wisconsin, the Clean Lakes Alliance and the state’s Sierra Club chapter, oppose it. Assembly Democrats railed against the bill on the chamber floor, warning the measure gives shoreline property owners permission to damage water bodies and aquatic habitats.

    “You do not go into a body of water with a general permit and start dredging things up and think you’re making things better,” Rep. Chris Danou, D-Trempealeau, said. “This is bad for Wisconsin. This is bad for Wisconsin’s outdoor heritage. It will damage things.”

    Republicans control the chamber, thought, and in the end lawmakers adopted the bill on a 57-39 vote. The bill goes next to the state Senate.

    The Assembly also passed another bill Tuesday sponsored by Jarchow and Lasee that would expand property owners’ rights. The measure prohibit counties from imposing development moratoriums, forbid municipalities from blocking property owners from selling or transferring the title to their land and block counties from regulating repairs on structures legally located in shore land setback areas.

    The bill also would require judges to resolve any question about the meaning of a zoning ordinance in favor of property owners. Undeveloped land zoned for residential, commercial or manufacturing use would be taxed at 50 percent of its value.

    The Assembly passed that bill on a 56-39 vote with almost no debate. It now goes to the Senate as well.

    ___

    Follow Todd Richmond on Twitter at https://twitter.com/trichmond1

    Copyright © 2016 The Washington Times, LLC.

    From: Google Alerts [mailto:googlealerts-noreply@google.com]
    Sent: Wednesday, February 10, 2016 8:07 AM
    To: Scott S. Shock
    Subject: Google Alert – “eminent domain” OR “regulatory taking” OR “property rights” seattle OR “king county” OR washington

    “eminent domain” OR “regulatory taking” OR “property rights” seattle OR “king county” OR washington

    Daily update ⋅ February 10, 2016

    NEWS

    Assembly to vote on water development, property rights bills

    Washington Times

    MADISON, Wis. (AP) – The state Assembly is poised to vote on a pair of bills that would ease water body development regulations and expand …

    Flag as irrelevant

    See more results | Edit this alert

    You have received this email because you have subscribed to Google Alerts.

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    _______________________________________________
    Capr-gov mailing list
    Capr-gov@lists.celestial.com
    http://mailman.celestial.com/mailman/listinfo/capr-gov

    —————————————————————–

    THIS IS A VERY LONG POST…

    WATER HAS BEEN RUNNING DOWN HILL FOR A VERY, VERY, LONG TIME…

    if you are interested in reading the full 4800 word text go to behindmyback.org

    Continue reading here if you are interested more…

    ———————————————————————————–

    PLF lawsuit on WOTUS

    Posted on September 4, 2015 9:46 am by Pearl Rains Hewett
    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new
    “waters of United States” (WOTUS) power grab

    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.
    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    WA STATE IS NOT PART OF THE Pacific Legal Foundation (PLF) WOTUS LAWSUIT

    ———————————————————————————

    Washington State Wetlands Identification and Delineation …

    www.ecy.wa.gov/biblio/9694.html

    ———————————————-

    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————

    What’s Up with WOTUS? – News | Agweb.com

    www.agweb.com/…/whatsup-with-wotus-NAA-university-news-release/

    What does the temporary injunction of WOTUS mean for farmers? … What’s Up with WOTUS? September 3, 2015 05:57 AM …
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    ————————————————————————
    BELOW IS THE LINK TO THE 136 PAGE FEDERAL MANUAL

    Federal Manual for Identifying and Delineating Jurisdictional

    https://www.fws.gov/…/wetlands/i…
    United States Fish and Wildlife Service
    Jan 10, 1989 – cally Corps of Engineers Wetlands Delineation Manual, EPA’s Wetland Identification … Federal Interagency Committee for Wetland Delineation.

    ———————————————————————————–

    full text provided for your convenience

    Behind My Back | WOTUS “Water Runs Down Hill”

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment
    WOTUS Water Runs Down Hill

    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    —————–
    USGS WATER SCIENCE SCHOOL ” water returns to the earth from precipitation falling on the land, where “GRAVITY” either takes it into the ground as infiltration or it begins RUNNING DOWNHILL as surface runoff”

    ——————————-
    USGS WATER SCIENCE SCHOOL “NO MATTER WHERE ON EARTH WATER IS, IT TRIES TO FLOW DOWNHILL”

    (SO DO WETLAND WATERS JUST SEEP DOWNHILL?)

    ———————————-
    The Environmental Protection Agency says ANY BODIES OF WATER near a river, or standing water that can affect waterways will (RUN DOWN HILL AND) fall under federal regulation.

    ————————–
    NO MATTER WHERE ON EARTH WATER IS, GRAVITY RUNS WATER DOWN HILL

    —————————–
    Indeed, science has proven that each water basin has its own land area of the water cycle, including its rainfall, its snow melt, recharging the aquifer, surface water, groundwater, rain that is absorbed into the soil RUNS DOWNHILL. Rain that is not absorbed by soil RUNS OFF DOWN THE HILL

    .——————–
    But how does much of the water get back into the oceans to keep the water cycle going?
    Indeed, the U.S. Geological Survey science tells us that 93 to 97 percent of well water used for domestic or irrigation purposes, RUNS DOWN HILL and is returned to the watershed in the proximity of where it was withdrawn.

    And, ALL precipitation, rain and snow melt do the same, GRAVITY TAKES WATER DOWN HILL as infiltration or surface runoff.

    ————————————–
    The EPA says, the new rule applies to tributaries and ANY BODIES OF WATER (that runs downhill) near rivers that (run down hill and ) “COULD” seep into waterways and “AFFECT THE ENVIRONMENT”
    ———————————————————————————
    PLF UNDERSTANDS THE GRAVITY OF (WOTUS)

    WOTUS – Pacific Legal Foundation

    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation

    The Obama Administration has imposed a new Clean Water Act (CWA) dictate that … PLF attorneys are hard at work developing our legal challenge to this … We will alert you when we file our lawsuit — and keep you posted along the way, …

    Pacific Legal Foundation (PLF) lawsuit challenges Obama Administration’s new“waters of United States” power grab

    WOTUS rule – Pacific Legal Foundation
    https://www.pacificlegal.org/wotus
    Pacific Legal Foundation
    PLF Principal Attorney M. Reed Hopper, who successfully argued the … We will alert you when we file our lawsuit — and keep you posted along the way, as we …
    —————————————————————-
    Judge blocks Obama EPA rule as federal power grab over state waters A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    ——————————-
    THE SUIT IN QUESTION WAS FILED BY 13 STATES (ALASKA, ARIZONA, ARKANSAS, COLORADO, IDAHO, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, SOUTH DAKOTA AND WYOMING),
    which claimed, among other things, that the WOTUS rule is a threat to state sovereignty because it asserts federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)that should be subject to state government control. As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an “exceptionally expansive” view of its own jurisdiction under the CWA. According to the court, the WOTUS rule “allows EPA regulation of waters that do not bear any effect on the ‘chemical physical, and biological integrity’ of any navigable-in-fact water,” and therefore exceeds the limits on federal regulatory authority identified by the Supreme Court in Rapanos.

    The EPA, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.

    —————————————————
    OUR WA State legislators “DID NOT OBJECT” to WOTUS federal jurisdiction over WETLANDS AND WATERS (AND EVEN SOME RELATIVELY DRY LAND)
    Washington State attorney General “DID NOT” file a law suit against WOTUS on behalf of the citizens of WA State.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit.

    WA STATE IS NOT PART OF THE WOTUS LAWSUIT
    ———————————————————————————-

    WA STATE GOVERNMENT IS BOUND BY THE GRAVITY FED TRICKLE DOWN EFFECT of WOTUS federal jurisdiction over WETLANDS AND WATERS.
    Indeed, WA State Dept. of Ecology MUST FIRST ADOPT AND DESIGNATE THE SHORELANDS AND WETLANDS ASSOCIATED WITH ANY BODIES OF WATER, within 4,000 feet of a navigable water, including wetlands near a river, lake, saltwater, or standing water, that (run down hill) can affect waterways (run down hill and) “COULD” affect the environment, that shall fall under the WOTUS Environmental Protection Agency Clean Water Act and become subject to EPA review and control.

    ——————————-
    So, September 2, 2015 WA STATE DEPT. OF ECOLOGY filed the following rulemaking with the Office of the Code Reviser: Rule preproposal
    (using only online public notification?)

    ADOPTION OF DESIGNATIONS OF SHORELANDS AND WETLANDS ASSOCIATED WITH SHORELINES OF THE STATE (WAC 173-22)
    ———————————————————————————
    What’s Up With WOTUS?
    9/3/2015
    Implementation of the Clean Water Rule: Definition of “Waters of the United States” (usually referred to as the WOTUS rule) was set to become effective on August 28, 2015. Several lawsuits were filed by agricultural groups, among others, requesting a preliminary injunction, or order, to halt the rule’s implementation until lawsuits could be settled. Late in the afternoon on August 27, a District Court judge in North Dakota issued a preliminary injunction stopping the WOTUS rule from going into effect for thirteen states, including Nebraska.
    FOR ALL OTHER STATES WHO DIDN’T HAVE PRELIMINARY INJUNCTIONS ISSUED, THE RULE TOOK EFFECT AS PLANNED ON AUGUST 28, 2015.

    Why were lawsuits filed against the EPA and Army Corp of Engineers (CORP) following release of the final WOTUS rule? Several lawsuits were filed following publication of the final WOTUS rule in the Federal Register.

    Twenty-seven states, along with industries from petroleum to construction, and agricultural groups such as the American Farm Bureau Federation, National Cattlemen’s Beef Association, National Corn Growers Association, and National Pork Producers Council all filed separate lawsuits. These numerous lawsuits have since been consolidated into a single lawsuit that identifies three arguments for vacating the rule.

    The first argument is that the finalized WOTUS rule exceeds the intended purposes of the Clean Water Act and represents an unconstitutional overreach by the federal government on land. Second, the rule-making process is designed to give the public an opportunity to comment on all aspects of a rule. In this case, EPA added items to the final rule that were not in the proposed rule.

    The third, and perhaps most concerning argument, is that the EPA may have inappropriately worked with environmental activists to lobby for the rule and support the agency’s agenda. If true, this represents an abuse of the federal rulemaking process by the EPA.

    What does the temporary injunction mean for Nebraska farmers? It means that, for now, the status quo will be maintained. So current guidance documents and existing regulations for making “jurisdictional determination” will continue to be used by the Corp. New definitions and parameters outlined in the WOTUS rule will not be part of the Corp’s checklist when making these determinations in Nebraska. Jurisdictional determination simply means that the Corp reviews the necessary checklist regarding features of a water body, and possibly conducts an on-site inspection, to make a decision about whether the water body should be under their jurisdiction as “waters of the U.S.”

    The temporary injunction does not halt the rule entirely; it simply postpones implementation of the rule until legal proceedings are completed (which could take months or even years as we saw with the new AFO/CAFO regulations a few years back).

    If the pending lawsuits are not successful, and the WOTUS rule is eventually implemented in Nebraska, it remains to be seen what parts of the rule will remain and which will not. In Nebraska, we’ll cross that bridge when we get there.
    Source: Amy Millmier Schmidt, UNL Livestock Bioenvironmental Engineer
    ————————————————————————————
    By Jonathan H. Adler August 28, 2015
    UPDATE: On Friday, the plaintiff states informed the court that the U.S. EPA had announced it would continue to apply the WOTUS rule in states that did not challenge the injunction.

    Late Friday, the district court responded with an order for supplemental briefing on whether the injunction “applies nationally or in a limited geographic area.” Briefs are due on Tuesday, September 1.
    ———————————————————————
    CALIFORNIA IS NOT PART OF THE LAWSUITS
    California Farmers Claim EPA Water Rules Extend To Dirt Fields
    August 31, 2015 6:22 PM
    SAN JOAQUIN COUNTY (CBS13) — Farmers say federal regulators are going too far and are taking away their water and chipping away at their property rights under a new rule.
    The Environmental Protection Agency says any bodies of water near a river, or standing water that can affect waterways will fall under federal regulation.
    Since the 1980s, the EPA has regulated any water you can navigate through, including rivers and large lakes. But the new Clean Water Act Rule will add smaller bodies of water to the government’s oversight.
    Bruce Blodgett with the San Joaquin Farm Bureau says the new rule would include any standing body of water, and dry land that can potentially hold water.
    “This field is a great example,” he said. “This dirt field would now be ‘waters of the U.S.’ under this proposed rule.”
    The bureau says the new rule allows the government to require farmers to get permits to farm from the U.S. Army Corps of Engineers.
    “We have a lot of fields that are fallow, sitting idle this year, because of the drought,” he said. “That will enable the Corps to come after those lands when they try to bring them back into production next year saying, ‘No, those are now waters of the U.S.’”
    Under the new Clean Water Act rule, the bureau claims any private property with a pond and any farm with an irrigation district is now under federal regulation.
    But the EPA says, that’s not true. It says the new rule applies to tributaries and water near rivers that could seep into waterways and affect the environment . The agency says it’s not going after ponds and won’t interfere with farm irrigation. It says ditches that are not constructed in streams and that flow only when it rains are not covered.
    A federal court has granted 13 states a stay on the orders while it examines a lawsuit. California is not part of the lawsuits, but farmers are watching.

    ————————————————————-