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  • Category Archives Clouded Waters
  • 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.

    ————————–

    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…

  • Public Land Use? Howls of Complaints?

    I received information on, the Public ” HOWLING” on Public Land Use complaints against the feds, in an email from Liz Bowen Pie N Politics in California.

    Public lands ‘listening’ session brings howls of complaints …

    www.deseretnews.com/…/Publiclandslisteningsessionbri
    Deseret News

    15 hours ago – Public landslistening’ session brings howls of complaints against feds.

    17 Comments ». By Amy Joi O’Donoghue, Deseret …

    13 hours ago – Public lands ‘listening’ session brings howls of complaints against feds … Chris Stewart, R-Utah, convened the session in St. George — part of his congressional district — to let county …. Kick the Feds out of our state, period!
    ———————————————————-
    So, I sent a comment to…..

    Dear Senator Lankford,
    I received the following information in an email from a friend in California. It is an on-going country wide issue.
    We the people have no way of resolving this problem, other than forwarding this information to a concerned, responsive, elected representative in WA DC…..
    the bottom line…
    “Congress is really our last, best hope for solving this.”

    Thank you,
    Pearl Rains Hewett

    ————————
    Then… I made a comment on Pie N Politics website

    Pie N Politics | LizBowen.com

    lizbowen.com/?page_id=393

    Pie N Politics. Like many areas of the United States, citizens in Siskiyou County are finding government regulations are destroying their RIGHTS. This includes …
    ————————————————–
    my comment to Pie N Politics ….
    If you want an elected federal representative to “LISTEN” to your complaints and respond.. Senator Lankford, is your man.
    —————————————–
    Dear Senator Lankford,
    I received the following information in an email from a friend in California. It is an on-going country wide issue.
    We the people have no way of resolving this problem, other than forwarding this information to a concerned, responsive, elected representative in WA DC……
    the bottom line…
    “Congress is really our last, best hope for solving this.”

    Thank you,
    Pearl Rains Hewett
    ————————
    Sent and received by Team Lankford!
    Thanks
    Thank you for reaching out to Team Lankford! Your form has been successfully submitted. Someone on our team will get back to you as soon as possible.
    ———————————————————————————
    I have three (3) mostly, usually, unconcerned, unresponsive elected representative in WA DC
    Rep. Derek Kilmer, and Senators Patty Murray and Maria Cantwell.
    And, I have three (3) mostly, usually, unconcerned, unresponsive elected representative in WA State
    Rep. Steve Tharinger, Kevin Van De Wege and Senator Jim Hargrove
    And, I have three (3) mostly, usually, unconcerned, unresponsive elected representative, Commissioners in Clallam County WA.

    ————
    I have been, well… sort of howling at all nine (9) of them, mostly D-WA representatives, sending them emails, and asking them questions for years.. about restricted public and private land use, among other things.

    And, all nine (9) of my elected representatives are mostly D-WA, are mostly, usually, unconcerned and unresponsive. period.

    Like, I might as well have been howling at the moon…

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    Fortunately, My grandson set up this website for me… registered 2013-01-29.
    Today is 2016-01-23, I’ve spent nearly three years researching, documenting and posting over 650 comments on restricted public and private land use, among other things.
    —————————————————————————–
    Well, Like I said….
    IF YOU WANT AN ELECTED FEDERAL REPRESENTATIVE TO “LISTEN” TO YOUR COMPLAINTS AND RESPOND.. SENATOR LANKFORD, IS YOUR GO TO MAN.
    ———————————————————————-
    My comments matter, as a matter of fact… I even got a Christmas card

    (I know a robo card)

    However, the bottom line on Senator Lankford Christmas card is…
    Stay Connected!
    If you would like more information on these topics or any other legislation currently before the U.S. Senate, please do not hesitate to call my D.C. office at (202) 224-5754. My Oklahoma City office can be reached at (405) 231-4941 and my Tulsa office at (918) 581-7651. You can also follow me on Facebook or Twitter or Instagram for updates on my work in Congress.
    —– Original Message —–
    From: Sen. James Lankford
    To: phew@wavecable.com
    Sent: Wednesday, December 23, 2015 7:20 AM
    Subject: Merry Christmas and Happy New Year!

    ————————————————————-

    BACK TO THE HOWLING…

    Public lands ‘listening’ session brings howls of complaints …
    www.deseretnews.com/…/Public-lands-listening-session-bri…

    WHO’S LISTENING?
    Rep. Chris Stewart, R-Utah, Jason Chaffetz R-Utah, Rob Bishop R-Utah, as well as Rep. Bruce Westerman, R-Arkansas
    ———————————————————————————
    I received the following information in an email from Liz Bowen Pie N Politics in California.
    full text…
    By Amy Joi O’Donoghue,
    Deseret News
    Published: Friday, Jan. 22 2016 10:00 p.m. MST
    ST. GEORGE — Four U.S. congressmen spent several hours Friday hearing a litany of complaints asserting federal land management agencies are harming families and livelihoods and need to be reigned in — if not eliminated altogether.
    Rep. Chris Stewart, R-Utah, convened the session in St. George — part of his congressional district — to let county leaders and others air their views on federal public lands management in Utah.
    The list of grievances was long: grazing reductions, wild horse and burro overpopulation, agencies colluding with environmental groups in illegal, backdoor meetings, heavy-handed law enforcement tactics and dismissive attitudes by faceless bureaucrats that are harming rural life in Utah.
    “Is there any question or any wonder why people are angry? It seems glaringly obvious to me why people are angry,” Stewart said.
    “It did not used to be this way, and it does not have to be this way in the future.”
    Commissioners from six rural counties in Utah implored Stewart and Reps. Jason Chaffetz and Rob Bishop, R-Utah, as well as Rep. Bruce Westerman, R-Arkansas, to fix what’s wrong with the Bureau of Land Management and U.S. Forest Service, emphasizing they’re at the breaking point.
    “Elected officials have tried to protect their constituents from the overreach the best we can, but it is tough to compete with special interest groups,” said Washington County Commissioner Victor Iverson. “Congress is really our last, best hope for solving this.”
    Iverson and others blasted agencies for “sue and settle” policies that have left Western lands in paralysis for grazing, timber production, ranching and other uses.
    “Range management is more a result of lawsuit than science,” Iverson said. “Special interest groups sue the land management agencies and they agree to settle on terms that do not benefit the general public and are almost never disclosed. … There is an overabundance of failed public policies.”
    Beaver County Commissioner Tammy Pearson described struggling ranchers held hostage by the proliferation of wild horses that are ruining a drought-striken range for cattle, wildlife and other uses.
    Pearson, a rancher herself, said the situation is dire.
    “Producers have exhausted their financial reserves, have lost their faith in federal agencies and have been backed into a corner by those agencies and so-called environmentalists and advocacy groups,”

    she said. “This grief has caused the uprisings that we see in Nevada, Oregon, and quite possibly in Utah.”
    Westerman, who said the BLM does not operate in his state, said it was clear to him there is a problem that has to be addressed.
    “We are all going to have disagreements on something as passionate as how federal public lands are used. It is more the process that I am worried about. Broken promises. Collusion. Lack of trust. Closed door meetings, circumvention of the law and double standards. Those are not the kind of words that are beneficial to our country regardless of what location you are at.”
    Stewart told the crowd he is committed to finding a solution given the realities that are playing out in Utah and elsewhere in the West.
    “You cannot protect Utah families if you don’t give them hope for the future,” he said. “And you can’t give them hope for the future if they feel like the federal government has a boot at their throat.”
    Email: amyjoi@deseretnews.com
    http://www.deseretnews.com/article/865646022/Public-lands-listening-session-brings-howls-of-complaints-against-feds.html
    —————————————————————————

    Congressional committee rails on BLM over Washington …

    WOW Snippets, full text below….

    “These issues are not only important to not only Utah, they are important to the whole country,”

    Members of a congressional subcommittee skewered the acting director of the Bureau of Land Management of Utah Friday over a proposed land use plan they say ignores the will of residents and the letter of a 2009 public lands law for Washington County.

    “We are here because Congress is hearing a crescendo of complaints about

    “We are here to get to the bottom of it.”

    BLM tactics and policies across the country, and St. George seems to be a poster child of BLM bad behavior,” said Tom McClintock, R-California and chairman of the House Natural Resources Federal Subcommittee.

    The agency’s preferred action in the land use plan released last year proposes to reduce grazing by 40 percent in those national conservation areas,

    restrict St. George’s access to up to 37 percent of its water

    and does not include a northern transportation corridor through the Red Cliffs area in Washington County, according to critics.

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    Ful ltext

    Congressional committee rails on BLM over Washington …

    www.deseretnews.com/…/Congressionalcommitteerails-on
    Deseret News

    23 hours ago – Congressional committee rails on BLM over Washington County land … about a Bureau of Land Management proposed land use plan they …

    ST. GEORGE — Members of a congressional subcommittee skewered the acting director of the Bureau of Land Management of Utah Friday over a proposed land use plan they say ignores the will of residents and the letter of a 2009 public lands law for Washington County.

    “We are here because Congress is hearing a crescendo of complaints about

    “We are here to get to the bottom of it.”

    The subcommittee convened the rare field hearing after McClintock said they’d heard a litany of complaints over the BLM’s draft resource management plans proposed for the Beaver Dam Wash and Red Cliffs National Conservation Areas.

    The plan is being crafted as a result of the 2009 Public Lands Omnibus Act, which McClintock said embodied the spirit of compromise and was held up as a model for locally generated public lands planning across the nation.

    “This subcommittee doesn’t normally hold hearings on individual land use plans. But it appears that the BLM, which administers nearly half of the land area of Washington County, has ignored the will of Congress and thumbed its nose at the people whose taxes support this government and whose livelihoods and quality of life are now directly threatened by it.”

    The agency’s preferred action in the land use plan released last year proposes to reduce grazing by 40 percent in those national conservation areas, restrict St. George’s access to up to 37 percent of its water and does not include a northern transportation corridor through the Red Cliffs area in Washington County, according to critics.

    Washington County Commission Chairman Alan Gardner and St. George Mayor Jon Pike both testified at the hearing — held at the Dixie Convention Center in St. George — that they were left out of BLM’s planning process and surprised at the plan’s components when it was released.

    “I would have expected to have had many discussions with the BLM about all of these issues that have been raised today,” Pike said,

    particularly since they concern water rights.

    “I would have liked to have had those conversations before the plan was released.”

    Acting BLM Utah Director Jenna Whitlock defended her agency and disputed the allegation local elected officials were not involved in the planning stages.

    “We really feel like we have a good record,” she said, adding she believes the proposed plan follows the 2009 law.

    The hearing, which was attended by Utah Reps. Jason Chaffetz, Chris Stewart and Rob Bishop, drew sympathetic comments from Rep. Bruce Westerman, R-Arkansas, who said these divisive land issues impact everyone.

    “These issues are not only important to not only Utah, they are important to the whole country,” he said, adding that he had read about the controversy 1,000 miles away in his home state. “It appears to me that the law is being ignored, this law passed by Congress. This seems to be a pattern with the BLM. … Do you recognize that you are creating some really bad publicity for the BLM across the country?”

    ———————————————————————–

    I am compelled to insert this comment.

    “If you want to understand why so many people distrust the federal government, this is a good example,” @RepChrisStewart re BLM plans

    ————————————————————————

    And, this  comment.

    Iverson and others blasted agencies for “sue and settle” policies that have left Western lands in paralysis for grazing, timber production, ranching and other uses.

    The issue of “WILD NON-PROFITS”  undue partisan influence on the US government, is not only important to Utah, the “WILD NON-PROFITS” are a threat to the Public use of public  and private land in the whole country.

    ———————————————————————————

    Friday’s hearing was packed with members of the public sporting “Wild Utah” pins who are supportive of BLM’s planning efforts that are designed to conserve the desert tortoise, which was added to the Endangered Species list in 1990 and conserve desert landscapes.

    Paul Van Dam, one of the witnesses who testified at the subcommittee hearing, said the BLM is a responsive agency and was engaged with the public while it crafted its proposed plan.

    ———————————————————–

    Really…”If you want to understand why so many people distrust the federal government, this is a good example,” @RepChrisStewart re BLM plans

    —————————————————-

    “I have dealt with the BLM for a long time,” said Van Dam, who used to head up the grass-roots environmental organization called Citizens for Dixie’s Future. “My experiences are positive.”

    —————————————————————————–

    Sorry, I can’t resist this one..

    no duh… radical non-profits usually do have a positive experience with the BLM

    ———————————————————–
    the bottom line…

    “These issues are not only important to not only Utah, they are important to the whole country,”
    Email your comments to Senator Lankford, Rep. Chris Stewart, R-Utah, Jason Chaffetz R-Utah, Rob Bishop R-Utah, as well as Rep. Bruce Westerman, R-Arkansas they are are listening..

    Rep. Chris Stewart told the crowd he is committed to finding a solution given the realities that are playing out in Utah and elsewhere in the West.

    “Congress is really our last, best hope for solving this.”
    Thank you,
    Pearl Rains Hewett


  • Part (2) Who’s Planning Our Future?

    Part (2) Who’s Planning Our Future?

    WHO’S  CONTROLLING OUR  WATER?

    The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps)

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    DO YOU HAVE VESTED WATER RIGHTS?

    ARE YOU VESTED  IN THE WATER FUTURES MARKET?

    CONCERNED?

    READ THIS UPDATE ON WHAT’S HAPPENING WITH THE FUTURE OF OUR WATER

    What’s happening in WA DC… Read the updates APR 28, 2015  from Congress, get the facts, GET informed and contact your federal ELECTED REPRESENTATIVES.

    This expansion of federal regulatory power will have serious consequences for the Nation’s economy, threaten jobs, invite costly litigation, and significantly restrict the ability of landowners to make decisions about their property and the rights of state and local governments to plan for their own development.

     Twice, the Supreme Court has reaffirmed this federal-state partnership when it told the Agencies that there are limits to federal jurisdiction under the CWA, and that they had gone too far in asserting their authority.

     ——————————————————————————————–

    H.R. 1732—Regulatory Integrity Protection Act of 2015 …

    https://rules.house.gov/bill/…/hr1

    United States House of Representatives

    Apr 28, 2015 – H.R. 1732Regulatory Integrity Protection Act of 2015 … Rules Committee Hearing H.R. 1732, H.J.Res. 43, and Conference Report to …

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    H.R.1732 – Regulatory Integrity Protection Act of 2015 114th Congress (2015-2016) | Get alerts

    A SUMMARY IS IN PROGRESS

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    H.R.5078 – Waters of the United States Regulatory Overreach Protection Act of 2014 113th Congress (2013-2014)

    Major Recorded Votes:

    09/09/2014 : Passed House

    ————————————————————————————–

    Fact Sheet: H.R. 1732, “The Regulatory Integrity Protection …

    www.nlc.org/…/Regulatory/WOTUS%20Fact%…

    National League of Cities

    Page 1 of 2. Fact Sheet: H.R. 1732, “The Regulatory Integrity Protection Act”. Background Information. • In April 2014, the Environmental Protection Agency ..

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    Fact Sheet: H.R. 1732

    “The Regulatory Integrity Protection Act”

    Background Information

    · In April 2014, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) proposed a rule that would redefine “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The Agencies assert this rule merely “clarifies” the scope of federal CWA jurisdiction over waters in the United States. In reality, however, this rule goes beyond merely clarifying the scope of federal jurisdiction under CWA programs; it  increases the scope of the CWA’s jurisdiction over more waters, and undermines the role of the states as partners and co-regulators of the Nation’s waters.

    · The federal-state partnership Congress intended to establish under the CWA has been successful for the past four decades because of the recognition that not all waters need to be subject to federal jurisdiction and that states should have the primary responsibility of regulating waters within their individual boundaries.

    · Twice, the Supreme Court has reaffirmed this federal-state partnership when it told the Agencies that there are limits to federal jurisdiction under the CWA, and that they had gone too far in asserting their authority.

    · Nevertheless, the Agencies have proposed the rule that would redefine the scope of waters subject to federal jurisdiction under the CWA.

    · Substantial flaws in the process to develop the rule have plagued the rulemaking from the beginning. The sequence and timing of the actions that the federal Agencies have taken to develop this rule undermine the credibility of the rule and the process to develop it. Among other things, state and local governments and the regulated community all have expressed concern that the Agencies have failed to consult with them in the development of the rule.

    · There is concern that the Agencies’ push to unilaterally broaden the scope of the CWA threatens to undermine the federal-state partnership and erode state authority by granting sweeping new federal jurisdiction to waters never intended for federal regulation under the CWA.

    · This expansion of federal regulatory power will have serious consequences for the Nation’s economy, threaten jobs, invite costly litigation, and significantly restrict the ability of landowners to make decisions about their property and the rights of state and local governments to plan for their own development.

     

    Summary

    .· When developing the new proposed rule the Agencies must take into consideration all of the comments received on the rule, the economic analysis of the rule, and the connectivity study which was used as the basis for the rule. They must also

    solicit recommendations from and consult with state and local officials, stakeholders, and other interested parties on how to define “Waters of the United States” and prepare a new regulatory proposal that is consistent with Supreme Court rulings, the feedback from the public comments and recommendations from the state and local officials, stakeholders, and others.

    · The bill requires that the Agencies engage in outreach to stakeholders, including holding a federalism consultation with the states and local governments. The Agencies are instructed to seek to reach consensus with the states and local governments on defining “Waters of the United States,” maintain the Federal–

    State partnership in implementing the Clean Water Act, and take into consideration state and local input regarding geography, hydrology, and legal frameworks.

    · The bill requires that the Agencies engage in outreach to stakeholders, including holding a federalism consultation with the states and local governments. The Agencies are instructed to seek to reach consensus with the states and local governments on defining “Waters of the United States,” maintain the Federal–

    State partnership in implementing the Clean Water Act, and take into consideration state and local input regarding geography, hydrology, and legal frameworks.

    · The Agencies are also to consult with and solicit recommendations from stakeholders that represent a broad range of perspectives who could be impacted either directly or indirectly by the new rule. The Agencies are to promote transparency in these processes by making all of the communications, records and documents available to the public, and prepare a report that responds to the comments received and provides a detailed explanation of how the Agencies have used the comments and stakeholder processes in the new rule.

    #####

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    history snippet

    Congress (2013-2014) H.R. 5078 addresses what is yet another example of a disturbing pattern of an imperial presidency that seeks to use brute force and executive action while ignoring Congress.

    The bill also requires the EPA and the Corps to engage in a federalism consultation with the states and local governments by

    Jointly consulting with relevant state and local officials to formulate recommendations for a consensus regulatory proposal that would identify the scope of waters to be covered under the Clean Water Act, and those waters to be reserved for the states to determine how to regulate.  The proposal would need to be consistent with the applicable rulings of the United States Supreme Court.

    ———————————————————————————–

    H.R.1732 – 114th Congress (2015-2016): Regulatory …

    https://www.congress.gov/bill/114th-congress/house-bill/1732

    Apr 13, 2015 – Summary of H.R.1732 – 114th Congress (2015-2016): Regulatory Integrity Protection Act of 2015.

    H.R.1732 – Regulatory Integrity Protection Act of 2015114th Congress (2015-2016) | Get alerts

    Bill

    Sponsor:

    Rep. Shuster, Bill [R-PA-9] (Introduced 04/13/2015)

    Committees:

    House – Transportation and Infrastructure

    Committee Reports:

    H. Rept. 114-93

    Latest Action:

    04/29/2015 Rules Committee Resolution H. Res. 231 Reported to House. Resolution provides for consideration of H.R. 1732, the conference report to accompany S. Con. Res. 11, and H.J. Res. 43.

    Tracker:

    Summary: H.R.1732 — 114th Congress (2015-2016)

    All Bill Information

    A SUMMARY IS IN PROGRESS.

    ———————————————————————————————

    Now, through a new rule proposed in April, THE OBAMA ADMINISTRATION has sought to bypass the legislative process and achieve the same expansionist agenda through agency guidance and the executive branch’s regulatory process

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     H.R.5078 – Waters of the United States Regulatory Overreach Protection Act of 2014 113th Congress (2013-2014)

    Sponsor:

    Rep. Southerland, Steve II [R-FL-2] (Introduced 07/11/2014)

    Committees:

    House – Transportation and Infrastructure

    Committee Reports:

    House Report 113-568; House Report 113-568,Part 2

    Latest Action:

    09/11/2014 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 559.

    Major Recorded Votes:

    09/09/2014 : Passed House

    Summary: H.R.5078 — 113th Congress (2013-2014)

    There are 3 summaries for this bill.

    Bill summaries are authored by CRS.

    Shown Here:
    Passed House without amendment (09/09/2014)

    (This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

    Waters of the United States Regulatory Overreach Protection Act of 2014 – Prohibits the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) from:

    • developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed rule entitled, “Definition of ‘Waters of the United States’ Under the Clean Water Act,” issued on April 21, 2014, or the proposed guidance entitled, “Guidance on Identifying Waters Protected By the Clean Water Act,” dated February 17, 2012; or
    • using the proposed rule or proposed guidance, any successor document, or any substantially similar proposed rule or guidance as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

    Requires the Army Corps and the EPA to withdraw the interpretive rule entitled, “Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices,” issued on April 21, 2014.

    Requires the Army Corps and the EPA to: (1) consult with relevant state and local officials to develop recommendations for a regulatory proposal that would identify the scope of waters covered under the Clean Water Act and the scope of waters not covered; (2) provide for the public review and comment of a draft report that includes a recommendation only if consensus has been reached with regard to the recommendation among the Army Corps, the EPA, and state and local officials; (3) publish a final report; and (4) report to Congress on the recommendation

    https://www.congress.gov/bill/113th-congress/house-bill/5078

    ——————————————————————————————————————

    History , Washington, DC, Jul 11, 2014

    Legislation to Prevent Federal Overreach in Regulation of Nation’s Waters Introduced by Committee Leaders

    http://transportation.house.gov/news/documentsingle.aspx?DocumentID=387572

    Bill to be Considered at Committee Markup Next Week

    Washington, DC, Jul 11, 2014 | Jim Billimoria, Justin Harclerode (202) 225-9446

    Bipartisan legislation to uphold the federal-state partnership to regulate the Nation’s waters and prohibit the Environmental Protection Agency and the Army Corps of Engineers from implementing a rule that broadens the scope of the Clean Water Act and expands the federal government’s regulatory power was introduced in the House today by Transportation and Infrastructure Committee leaders.

     

    The Waters of the United States Regulatory Overreach Protection Act (H.R. 5078) is sponsored by U.S. Rep. Steve Southerland, and is cosponsored by Transportation Committee Chairman Bill Shuster (R-PA), Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH), and a bipartisan group of additional Members of the House.  A Committee markup scheduled for 10:00 a.m., Wednesday, July 16, 2014 will include H.R. 5078.

    ————————————————————————————————————-

    Shuster & Gibbs Statement on Regulatory Integrity Protection Act

    VETO THREAT

    Washington, DC, Apr 30 | Jim Billimoria, Justin Harclerode (202) 225-9446

    Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH) released the following joint statement in response to the Administration’s veto threat of H.R. 1732, the Regulatory Integrity Protection Act, a bill that stops the Administration’s flawed Waters of the United States (WOTUS) proposed rule that would give the federal government unprecedented authority to regulate virtually any place that water flows in the United States:

    “The Administration’s proposed rule is opposed by at least 32 states.  The rule is opposed by the Nation’s large cities, smaller cities, counties, towns, and townships.  The rule is opposed by the majority of the regulated community – our farmers, homebuilders, businesses, manufacturers, and many others.  More than one million comments have been filed on this proposed rule, with approximately 70% of the substantive comments requesting the rule be withdrawn or significantly modified.  It’s important for the House to stand up for and recognize the concerns and rights of state and local governments, business owners and farmers, and landowners and private citizens.  The Administration’s veto threat is just the latest example of its determination to seize more power, federalize all waters, and regulate land use around the country.”

    H.R. 1732 requires the EPA and the Corps of Engineers to restart the rulemaking process, this time consulting with state and local governments and other stakeholders and taking into account their concerns.  The House may vote on the bill as soon as tomorrow.

     

    The bottom line

    What’s happening in WA DC… Read the updates APR 28, 2015  from Congress, get the facts, GET informed and contact your federal ELECTED REPRESENTATIVES.

     


  • Review of 2013 Sue and Settle

    The EPA’s and FWS’s are fully engaged in the Sue and Settle Practice.
    Both the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS) within the Department of Interior have used this tactic to lock in the Agency’s commitment to publish controversial regulations.

    Despite the fact that species that could be listed exist in all 50 states, the decision to enter into the settlement agreement was made without consultation of any state or local governments and without consultation of private property owners who will be forced to deal with the impact of a species listing on their lands.

    ——————————————————————————————-

    2013 Year End Review: Advancing the Dialogue on Sue and Settle
    December 19, 2013

    During 2013, the U.S. Senate Environment and Public Works (EPW) Committee Republicans and Ranking Member Sen. David Vitter (R-La.) have investigated the Administration’s “sue and settle” strategy, which is used to coordinate with environmental allies on new rules and regulations while usually excluding the public and other interested parties. Both the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (FWS) within the Department of Interior have used this tactic to lock in the Agency’s commitment to publish controversial regulations.

    In addition to violating one of the fundamental principles embedded in the Administrative Procedures Act (APA), which ensures “public participation in the rulemaking process,” the practice of “sue and settle” contradicts President Obama’s directive that his “[e]xecutive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information.”

    EPA’s Sue and Settle Practices

    During the first term of the Obama Administration, EPA entered into more than 60 “sue and settle” agreements with environmental allies, including 34 lawsuits by Sierra Club, 20 by WildEarth Guardians and nine from the Natural Resources Defense Council (NRDC). Often, environmentalists are rewarded with their legal fees paid for by the American taxpayers. These agreements, and thus environmental activists, have effectively dictated EPA policy.

    In order to better understand the problem, Senators Vitter and James Inhofe (R-Okla.), along with Rep. James Lankford (R-Okla.), Chairman of the House Oversight Subcommittee on Energy Policy, Health Care, and Entitlements, sent EPA a letter on April 29, requesting documents that refer or relate to the Regional Haze Program – one of the key examples of “sue and settle,” as well as communications between environmentalists and EPA officials. Then, during confirmation proceedings for EPA General Counsel Avi Garbow, Ranking Member Vitter reiterated EPA’s obligation to respond to this request in a June 14 letter. Following Garbow’s confirmation, the Agency agreed to conduct a records search and has been producing documents on a sporadic basis.

    In addition to seeking official records that could inform Congress on this practice, Sen. Vitter launched an investigation into EPA officials using personal email accounts to communicate with environmental groups to possibly circumvent federal transparency laws. The details of EPA’s record keeping and email practices that advance such collusion were explained in a comprehensive EPW Republicans report entitled, “A Call for Sunshine: EPA’s FOIA and Federal Records Failures Uncovered.”

    While the “sue and settle” practice reveals EPA’s loyalty to some environmental groups, in multiple instances under the Clean Air Act, EPA has taken the practice to a new level by shutting out the states and circumventing the principle of “cooperative federalism.” EPW Republicans provided a detailed account of EPA’s efforts to abuse “cooperative federalism” through the practice of “sue and settle” in a Committee report released on October 31 entitled, “Neglecting a Cornerstone Principal of the Clean Air Act: President Obama’s EPA Leaves States Behind.”

    One of the key concerns over “sue and settle” is the lack of public notice and opportunity for other interested parties to participate in the settlement agreements. Accordingly, in April, Vitter included reforms to the practice of “sue and settle” as one of his five transparency requests pursuant to EPA Administrator Gina McCarthy’s confirmation process. As a result, in July Vitter got EPA to publish the Notice of Intent to sue and Petitions for Rulemaking upon receipt. Despite this clear step in the right direction, EPA continues to deny affected parties the right to engage in the negotiation process and has objected to a request to notify the public before initiating settlement negotiations. Thus, “sue and settle” remains a problem at EPA, and Vitter will continue efforts to restore public participation and transparency in the rulemaking process.

    FWS’s Sue and Settle Practices

    In 2011, the FWS entered into a closed-door “sue and settle” agreement with two radical environmental groups that could force the listing of more than 250 species as threatened or endangered under the Endangered Species Act (ESA). Despite the fact that species that could be listed exist in all 50 states, the decision to enter into the settlement agreement was made without consultation of any state or local governments and without consultation of private property owners who will be forced to deal with the impact of a species listing on their lands.

    EPW Republicans and Sen. Vitter have attempted to shine light on the agreement throughout 2013. On February 28, 2013, Vitter led a letter to the FWS requesting that they provide detailed documentation about the closed-door settlement agreement. After four months of silence from the Administration, EPW Republicans followed up requesting a response. When the FWS finally responded in September, their answers were less than comprehensive. Rather than fully responding to the Senators, the FWS hid behind a questionable interpretation of a District Court Rule.

    This isn’t the first time the FWS has provided less than thorough information. On February 1, Vitter led a letter signed by 23 Senators urging the FWS to do a full economic analysis when making a listing decision. Despite following up with the Office of Management and Budget in June to reiterate the need to do a full economic analysis, the Administration released a rule promoting a less thorough analysis in August. As noted by the Wall Street Journal, the rule “dilutes” the economic reports and allows the Administration to “hide the costs of these actions.”

    In 2014, EPW Republicans and Sen. Vitter will continue to hold the Administration accountable on the improper use of the “sue and settle” technique.

    EPW Republicans has been releasing additional documents recapping the Committee’s work during 2013 on various issues. See below for the list of the EPW Republicans 2013 Year End Reviews:

    • A Continued Commitment to Sound Science, Conservation, and Fishermen
    • The Hearings That Didn’t Happen
    • Holding EPA Accountable for Clean Water Act Abuse
    • Working Toward a More Transparent EPA
    • The President’s Climate Action Plan and Associated Executive Orders

    -30-


  • “Sue and Settle Sucks”

    Estimates are $300-$500 Billion dollars in unfunded mandated COST to “We the People” for EPA SECRET “SUE-AND-SETTLE” deals, $300-$500 Billion dollars for JUST THE NEW RULES for The Clean Water Act and The Clean Air Act.

    Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists

    In the past 3 years, the Administration has concluded approximately 60 settlements with special interest – 29 of these agreements bound EPA to make major policy changes. THE PLAINTIFFS IN THESE CASES ARE OFTEN THE VERY SAME REOCCURRING PLAYERS – THE SIERRA CLUB, NRDC, DEFENDERS OF WILDLIFE, WILD EARTH GUARDIANS, AND CENTER FOR BIOLOGICAL DIVERSITY.
    ———————————————————————–
    Sen. Vitter on Sue and Settle
    Posted on December 9, 2013 7:14 pm by Pearl Rains Hewett Comment
    Federal agencies, including the Fish and Wildlife Service and EPA, use SECRET “SUE-AND-SETTLE” deals to advance their radical environmental agenda WITHOUT ANY INPUT from those who will be affected, including states, local governments, and private citizens.
    ————————————————————–
    VITTER: Endangered Species Act’s hidden costs – Washington Times
    www.washingtontimes.com/news/…/ENDANGERED-SPECIES-ACTS-HIDDEN-COST…‎
    ——————————————————————————–
    $300-$500 BILLION DOLLARS FOR THE CLEAN WATER AND CLEAN AIR ACT AND MORE HIDDEN-COST…‎ FOR 757 NEW ENDANGERED SPECIES?
    —————————————————
    Behind My Back | How Big is Sue and Settle?
    www.behindmyback.org/2013/11/09/how-big-is-sue-and-settle/‎
    Nov 9, 2013 – HELLO CONGRESS ANYBODY HOME? September 9, 2011 – A FEDERAL JUDGE APPROVED THE LANDMARK 757 SPECIES LEGAL AGREEMENT …
    ————————————————————————————————-
    The Sue and Settle documents of TRUTH have been denied to 12 states by the EPA, they are NOT on the table.
    Twelve states are suing the U.S. Environmental Protection Agency for not complying with their PUBLIC-RECORDS requests for information on the implementation of …

    ———————————————————————————————————-
    My comment

    The Sue and Settle handwriting is a matter of record, , Global, Non-government, special interest groups have usurped the US Congress, the sovereignty of our states, the constitutional rights of the American People AND, TAKEN OVER THE RULE OF THE UNITED STATES OF AMERICAN

    What is an American Grandmother so worried about?

    America in Crisis

    The credibility of the collective US Government

    The National Debt $17.2 Trillion Dollars

    The Obamacare debacle

    The Middle East 10 year war crisis

    The unresolved WA DC political scandals

    What ELSE really bothers me?

    Goggle behindmyback.org for the full text of “Sue and Settle Sucks”,
    more comments, media reports and Documentation.

    260 results (0.17 seconds)

    Behind My Back | Tenacity And Bother?
    www.behindmyback.org/2013/09/21/1217/‎

    Sep 21, 2013 – WHY DO I BOTHER?

    Bottom line BECAUSE I AM AN AMERICAN CITIZEN and I have a right to freedom of SPEECH MY TENACITY and …
    ——————————————————————————————————
    The EPA’s War Against the States: States are supposed to lead in …
    capitalresearch.org/…/the-epas-war-against-the-states-states-are-supposed…‎

    In the preamble of THE CLEAN AIR ACT (1963), Congress declared that “air pollution prevention . . . at its source is the primary responsibility of STATES and local governments.” According to the opening of THE CLEAN WATER ACT (1972), “It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and RIGHTS OF STATES TO PREVENT, REDUCE, AND ELIMINATE POLLUTION.”

    Oct 7, 2013 – EPA TAKEOVERS OF STATE PROGRAMS ARE UP AN ASTONISHING 2750%. … Sue-and-settle is made possible primarily by the fact that the EPA has more … and “green” groups reached 48 sue and settle agreements, a 380% increase.

    Behind My Back | Sue and Settle up 380%
    www.behindmyback.org/2013/10/16/sue-and-settle-up-380/‎
    Oct 16, 2013 – The EPA HAD 48 SUE AND SETTLE AGREEMENTS during President Obama’s first term, representing A 380 PERCENT INCREASE from the …
    ————————————————————————————————-
    Under EPA secret “SUE-AND-SETTLE” deals

    The EPA unfunded mandated COST for the Clean Water Act and The Clean Air Act have been estimated to be $300-$500 Billion dollars a year dumped on the backs of “We the People” strangling economic growth and holding us back from prosperity.
    States are projecting BILLIONS IN COSTS under the threat of an EPA takeover of STATE WATER PROGRAMS.

    AND, the current BILLIONS IN EPA unfunded mandated COSTS for the EPA takeover of state water programs

    Does not reflect costs associated with controlling combined sewer and sanitary overflows or the implementation of the “Health Air Act”
    —————————————————————————————————–
    WHY IS THE US CHAMBER OF COMMERCE REPORTING ON
    SECRET “SUE-AND-SETTLE” deals ?
    The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local
    chambers and industry associations

    SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. … The U.S. Chamber of Commerce undertook an investigation of the sue.
    —————————————————————————————————
    Is the DOJ ignoring Obama’s Executive order 13563?
    “Improving Regulation and Regulatory Review,” provision
    provision (a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION.
    ——————————————————————————————————–
    What does the EPA have to hide?
    12 States Sue EPA over Clean Air Records – Governing
    www.governing.com/…/12-States-Sue-EPA-over-Clean-Air-Records.htm…‎
    Twelve states are suing the U.S. Environmental Protection Agency for not complying with their PUBLIC-RECORDS requests for information on the implementation of …
    —————————————————————————————————
    THE BEST NEWS (full text on behindmyback.org)
    Sen. Vitter on Sue and Settle
    Posted on December 9, 2013 7:14 pm by Pearl Rains Hewett Comment

    U.S. Sen. David Vitter (R-La.), top Republican on the Senate Environment and Public Works Committee, has been scrutinizing the Obama Administration’s problems with transparency, specifically focusing on SECRET “SUE-AND-SETTLE” deals.

    The “sue and settle” maneuver that federal agencies, including the Fish and Wildlife Service and EPA, use to advance their radical environmental agenda
    That Administration officials will make with far-left environmental groups to enact unnecessary and burdensome regulations WITHOUT ANY INPUT FROM THOSE WHO WILL BE AFFECTED, INCLUDING STATES, LOCAL GOVERNMENTS, AND PRIVATE CITIZENS.
    ————————————————————————————————-
    HOW LONG HAS THIS BEEN GOING ON?
    UNITED STATES SENATE REPORT Clouded Waters – U.S. Senate …
    www.epw.senate.gov/public/index.cfm?FuseAction=Files.View…‎
    Jun 30, 2011 – UNITED STATES SENATE REPORT. Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts …
    Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists

    These charges aren’t exactly new. Industry groups and EPA critics have given A NAME TO THIS SPECIAL BRAND OF RULEMAKING. IT’S CALLED “SUE AND SETTLE.”

    ——————————————————————————
    Is the DOJ ignoring Obama’s Executive order 13563?
    Executive order 13563, “Improving Regulation and Regulatory Review,”
    (a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION.
    ——————————————————————————————————-
    HOW LONG HAS THIS BEEN GOING ON?
    UNITED STATES SENATE REPORT Clouded Waters – U.S. Senate …
    www.epw.senate.gov/public/index.cfm?FuseAction=Files.View…‎
    Jun 30, 2011 – UNITED STATES SENATE REPORT. Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts …
    Us Senate report Clouded Waters
    Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists
    The agreements to regulate often DID NOT INCLUDE any meaningful opportunity
    for input from state and local entities
    ————————————————————————————–
    States are projecting BILLIONS IN COSTS under the threat of an EPA takeover of
    state water programs
    —————————————————————————————————-
    MORE NEWS? UPDATE NEEDED?
    Judge: EPA Exceeded Authority Trying To Regulate Stormwater Runoff As Pollutant
    A federal judge has ruled that the Environmental Protection agency exceeded its authority by The judge agreed with Attorney General Ken Cuccinelli, who argued that the EPA was trying to regulate water itself as a pollutant.
    In his ruling, O’Grady said:
    “Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it.” attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant.
    Read more: http://dailycaller.com/2013/01/03/court-stormwater-runoff-not-a-pollutant-epa-cant-regulate-it/#ixzz2nIx4EdeJ
    ——————————————————————————————————-
    Maryland’s $14.8 BILLION DOLLAR EPA MANDATED, UNFUNDED, RAIN TAX

    PER RESPONSE FROM SENATOR MARIA CANTWELL SEPT. 24, 2013
    EPA Sued and Settled

    Posted on November 3, 2013 12:02 pm by Pearl Rains Hewett Comment
    Indeed the EPA was sued, the EPA settled and
    Sen. Maria Cantwell documented that the “sue and settle” legal settlement and rule created by and for the epa unfunded mandate did result in the $14.8 billion dollar Maryland rain tax.
    was not a result of legislation by congress, but was in fact caused by an EPA settlement.
    Thank you for contacting me about federal stormwater standards. I appreciate hearing from you on this important matter.

    FOLLOWING A 2010 LEGAL SETTLEMENT BETWEEN THE EPA AND THE CHESAPEAKE BAY FOUNDATION (FOWLER V. EPA),
    THE EPA AGREED TO CREATE A NEW FEDERAL STORMWATER RULE.
    The RULE will create performance standards for stormwater discharges at both newly developed and redeveloped sites, broaden the EPA’s oversight of Chesapeake Bay stormwater permits and set a standard for the total maximum daily discharge.

    The RULE will also potentially increase the number of cities regulated as Municipal Separate Storm Sewer Systems, which can include underground pipes, roads with drainage pipes, gutters and ditches. Prior to developing the proposed stormwater rules, the EPA sought input from stakeholders in public forums. The EPA expects to finalize the RULE by December 10, 2014.
    Following a 2010 legal settlement between the EPA and the Chesapeake Bay Foundation (Fowler v. EPA), the EPA agreed to create a new federal stormwater rule.
    ———————————————————————————————

    Excerpt from “Clouded Waters”
    Importantly, these rulemakings are not the result of legislation or the outcome of scientific findings. Instead, these are the result of lawsuits by environmentalists and represent changes in long-held EPA positions, making discretionary duties non-discretionary. Additionally, in a rush to regulate, EPA is moving ahead without solid science and with no input from the communities who will shoulder the costs.

    Limited state and federal assistance leaves many communities with few options other than to pass the extra costs of these programs and mandates onto residents, and the benefits of regulation do not outweigh the costs.
    As this report also shows, they will likely be significant pain for little, if any environmental gain

    The law’s fiscal policy note pegs the price tag for implementing the program at $14.8 billion.
    The law’s fiscal policy note pegs the price tag for implementing the Maryland program at $14.8 billion.
    Notes: Exhibit does not reflect costs associated with controlling combined sewer and sanitary overflows or the implementation of the “Health Air Act”
    ———————————————————————————————————-
    As Gazzette columnist Blair Lee notes, the law is not so firm on where the money can be spent. In addition to funding stream and wetlands protection, a great deal of the tax revenue will flow into the bureaucratic maw for monitoring and inspection. Also, like the carbon pork in Maryland’s Regional Greenhouse Gas Initiative law taxpayer dollars from the rain tax will flow into the hands of the environmental groups that lobbied for the law, for “outreach” and “education.”

    ————————————————————————————————-
    Presidential Documents
    Executive Order 12866, “Regulatory Planning and Review,” 58 Fed. Reg. 51735 (Oct. 4, 1993), as
    supplemented by Executive Order 13563, “Improving Regulation and Regulatory Review,” 76 Fed. Reg. 3821
    (Jan. 21, 2011).
    FEDERAL REGISTER
    Vol. 76, No. 14
    Friday, January 21, 2011
    Title 3—
    The President
    Executive Order 13563 of January 18, 2011
    Improving Regulation and Regulatory Review
    Sec. 2.
    PUBLIC PARTICIPATION.
    (a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION. To that end, regulations shall be based, to the extent feasible and consistent with law, ON THE OPEN EXCHANGE OF INFORMATION and perspectives among State, local, and tribal officials, ex¬perts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole.
    (b)
    To promote that open exchange, each agency, consistent with Executive
    Order 12866 and other applicable legal requirements, shall endeavor to
    PROVIDE THE PUBLIC with an opportunity to participate in the regulatory
    process. To the extent feasible and permitted by law, each agency SHALL
    AFFORD THE PUBLIC A MEANINGFUL OPPORTUNITY TO COMMENT through the Internet on any proposed regulation, with a comment period that should generally
    be at least 60 days.
    —————————————————————————————————–
    Inserted for clarity
    June 28, 2012 |
    9:00am in 2203 Rayburn House Office Building
    THE OVERSIGHT AND GOVERNMENT REFORM COMMITTEE has focused a significant amount of attention this Congress on the red tape that is strangling economic growth and holding us back from prosperity.
    At today’s hearing, we will continue this inquiry by examining the highly questionable practice perfected by THE ENVIRONMENTAL PROTECTION AGENCY – KNOWN AS “SUE AND SETTLE,” which has emboldened the Administration to pursue an aggressive green agenda while escaping political accountability for the cost and burdens these regulations impose on job creators.
    In the past 3 years, the Administration has concluded approximately 60 settlements with special interest – 29 of these agreements bound EPA to make major policy changes. THE PLAINTIFFS IN THESE CASES ARE OFTEN THE VERY SAME REOCCURRING PLAYERS – THE SIERRA CLUB, NRDC, DEFENDERS OF WILDLIFE, WILD EARTH GUARDIANS, AND CENTER FOR BIOLOGICAL DIVERSITY.

    But let us be clear – What EPA claims the law requires them to do is nothing more than what EPA has agreed to do in A COLLUSIVE ARRANGEMENT WITH SPECIAL INTEREST ALLIES. These arrangements are fundamentally unfair, lack transparency, are DESIGNED TO CIRCUMVENT other regulatory checks CONGRESS HAS PUT IN PLACE. environmental regulations only work when they are made in an open process that involves all stakeholders. SUE-AND-SETTLE RULEMAKING is an affront to that process.
    —————————————————————————————

    Executive Order 13563 of January 18, 2011 continued

    To the extent feasible and permitted by law, each
    AGENCY SHALL ALSO PROVIDE, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant sci¬entific and technical findings, in an open format that can be easily searched and downloaded. For proposed rules, such access SHALL INCLUDE, to the extent feasible and permitted by law, AN OPPORTUNITY FOR PUBLIC COMMENT on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings
    (c)
    Before issuing a notice of proposed rulemaking, each agency, where
    feasible and appropriate, shall seek the views of those who are likely to
    be affected, including those who are likely to benefit from and those who
    are potentially subject to such rulemaking.
    Sec. 3.
    Integration and Innovation.
    Some sectors and industries face a signifi¬cant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Greater coordination across agencies could re¬duce these requirements, thus reducing costs and simplifying and harmo¬nizing rules. In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote such coordination, sim¬
    plification, and harmonization. Each agency shall also seek to identify, as
    appropriate, means to achieve regulatory goals that are designed to promote
    innovation.
    Sec. 4.
    Flexible Approaches.
    Where relevant, feasible, and consistent with
    regulatory objectives, and to the extent permitted by law, each agency shall
    identify and consider regulatory approaches that reduce burdens and main¬tain flexibility and FREEDOM OF CHOICE FOR THE PUBLIC. These approaches
    include warnings, appropriate default rules, and DISCLOSURE REQUIREMENTS
    AS WELL AS PROVISION OF INFORMATION TO THE PUBLIC IN A FORM THAT IS CLEAR AND INTELLIGIBLE
    Sec. 5.
    Science.
    Consistent with the President’s Memorandum for the Heads
    of Executive Departments and Agencies, ‘‘Scientific Integrity’’
    (March 9, 2009), and its implementing guidance, each agency SHALL ensure the objectivity of any scientific and technological information and processes used to support the agency’s regulatory actions.
    Sec. 6.
    Retrospective Analyses of Existing Rules.
    (a) To facilitate the periodic review of existing significant regulations, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or EXCESSIVELY BURDENSOME, and to modify, streamline, expand, OR REPEAL THEM in accordance with what has been learned. Such retrospective analyses, including supporting data, should be released online whenever possible.
    (b)
    Within 120 days of the date of this order, each agency shall develop
    and submit to the Office of Information and Regulatory Affairs a preliminary
    plan, consistent with law and its resources and regulatory priorities, under
    which the agency will periodically review its existing significant regulations
    to determine whether any such regulations should be modified, streamlined,
    expanded, OR REPEALED SO AS TO MAKE THE AGENCY’S REGULATORY PROGRAM MORE EFFECTIVE OR LESS BURDENSOME in achieving the regulatory objectives.

    ———————————————————————————

    Sue and Settle – The Growing Problem of Closed-Door Rulemaking …
    www.jdsupra.com/…/sue-and-settle-the-growing-problem-of-16599/‎
    Apr 8, 2013 – So-called “sue and settle” tactics are becoming an increasingly … the accelerated timelines can afford little or no opportunity for review of new …
    ———————————————————–

    SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. ….. with no participation by other affected parties or the public.12 ….. states an estimated $2.16 billion over and above what they had been prepared to spend …
    —————————————————————————————————–
    12 states sue EPA over agency’s alleged ‘sue and settle’ tactics
    Fox News ^ | July 17, 2013/
    ————————————————————————————————-
    States Investigate EPA’s “Sue-and-Settle” Practice – ACOEL
    www.acoel.org/…/States-Investigate-EPAs-Sue-and-Settle-Practice.aspx‎
    Jan 15, 2013 – At issue is the EPA’s practice of entering into voluntary settlements of … public participation and judicial review; (ii) how billions of dollars in added costs … Tags: EPA, SUE-AND-SETTLE, OFF-RAMP RULEMAKING, COLLUSIVE SETTLEMENTS.
    Chamber of Commerce Senior Vice President William Kovacs said at yesterday’s hearing that sue and settle is the vehicle by which EPA has instituted at least 16 rules in recent years, including such controversial regulations as New Source Performance Standards for greenhouse gas emissions from electric utilities and refineries; revisions to the definition of solid waste under the Resource Conservation and Recovery Act; and Clean Air Act regulations on oil and gas drilling operations.
    Kovacs said, the Treasury Department’s Justice Fund is set up in such a way that information on who and how much money is paid in the settlement process is not disclosed.
    http://www.nytimes.com/gwire/2011/07/15/15greenwire-house-republicans-accuse-epa-enviros-of-collus-69925.html
    House Republicans Accuse EPA, Enviros of Collusion
    By JOHN MCARDLE of Greenwire

    Published: July 15, 2011
    ———————————————————————————————————–
    What Do SECRET “SUE-AND-SETTLE” deals have to do with the Dodd Frank Act?
    Dodd-Frank Act Regulatory Reform Rules – Federal Reserve Bank of …
    www.stlouisfed.org › Banking‎
    Dodd-Frank Act Regulatory Reform Rules. A roadmap for tracking the rulemaking process from start to finish?
    President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. yet another landmark piece of legislation putting the middle class ABOVE THE SPECIAL INTERESTS? THAT FOR SO LONG HAD A STRANGLEHOLD ON AMERICA’S GOVERNMENT?
    GO FIGURE?
    Quayle says that more sue and settle regulations could come out of the Dodd-Frank financial regulatory law, which has already missed a series of regulatory deadlines.


  • Judical Cancer in WA DC

    There is a more than one form of JUDICIAL CANCER in WA DC.

    THE DEPT OF JUSTICE ATTORNEYS and Eric Holder, have ADJUDICATED THIS SPECIFIC MALIGNANCY behind our backs and behind closed doors.

    NOW NAMED AND NOW identified as ‘SUE AND SETTLE” IT HAS BECOME pandemic, a disease or condition that is found in a large part of a population.

    WHO KNEW the EPA threw aside existing federal statutes and created new substantive standards without any congressional involvement.

    This form of JUDICIAL CANCER has been diagnosed and left untreated for MANY, MANY YEARS by CONGRESS.

    WHO KNEW ABOUT THIS BETRAYAL OF AMERICAN CONSTITUTIONAL JUSTICE?

    LONG Unknown, LONG Unnamed and LONG SUFFERED by “We The People” .

    “We the People” HAVE LONG BEEN DENIED CONGRESSIONAL TREATMENT FOR The PAINFUL SYMPTOMS OF THIS DEPT OF JUSTICE MALIGNANT ADJUDICATED CANCER.

    HAS “SUE AND SETTLE” BECOME A STAGE FOUR TERMINAL DISEASE?

    “SHALL” IT TAKE AN ACT OF CONGRESS TO STOP THE MALIGNANCY OF “SUE AND SETTLE?”

    ————————————————————————————————-
    IS THERE A TREATMENT ON THE WAY?
    ————————————-
    Full Text (original) – George Mason University School of Law
    www.law.gmu.edu/assets/files/publications/working_papers/1357.pdf‎
    http://www.law.gmu.edu/assets/files/publications/working_papers/1357.pdf

    Oct 21, 2013 – and THE EPA is bound by the terms under court order. After the …. recent windfall of SUE-AND-SETTLE consent decrees has created a structure of …

    SNIPPET (from a 52 page report)
    It is EXCEPTIONALLY TROUBLING because the EPA threw aside an existing federal statute and created new substantive standards
    WITHOUT ANY CONGRESSIONAL INVOLVEMENT.
    ——————————————————

    Sue, Settle, and Shut Out the States: Destroying the Environmental …
    papers.ssrn.com/sol3/papers.cfm?abstract_id=2343273‎
    by HN Butler – ‎2013

    OCT 22, 2013 – GEORGE MASON UNIVERSITY – SCHOOL OF LAW; United States Court of Appeals for the 10th Circuit October 21, 2013 … George Mason Law & Economics Research Paper No. 13-57. Abstract: Federal … working papers series …

    ———————————————————————————————-

    • SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. The database was used to … binding terms of settlement agreements, which includes ….. moment when the agency’s new obligations are created. Because … (a 54 page report)
    —————————————————————–
    • ‘Sue and Settle’ Threatens Business | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    This tactic is called “sue and settle,” A NAME COINED BY REP. COLIN PETERSON (D-MN). Those most often targeted by this type of litigation are the Environmental …

    ——————————————————————————————————–

    Twelve Attorneys General Sue the EPA – The American Spectator
    spectator.org/blog/2013/07/18/twelve-attorneys-general-sue-t‎
    Jul 18, 2013 – The attorneys general in 12 states filed a federal lawsuit against the Environmental Protection Agency (EPA) Tuesday, claiming EPA denied …

    —————————————————————

    HOW LONG CAN OUR ELECTED FEDERAL REPRESENTATIVES IN CONGRESS IGNORE THEIR RESPONSIBILITY AND ACCOUNTABILITY FOR SUE AND SETTLE?


  • EPA Sued and Settled

    INDEED THE EPA SUED, THE EPA SETTLED AND MARIA CANTWELL DOCUMENTED
    THAT THE “SUE AND SETTLE” LEGAL SETTLEMENT AND RULE CREATED BY AND FOR THE EPA UNFUNDED MANDATE DID RESULT IN THE $14.8 BILLION DOLLAR MARYLAND RAIN TAX.

    IT WAS NOT A RESULT OF LEGISLATION BY CONGRESS, BUT WAS IN FACT CAUSED BY AN EPA SETTLEMENT.
    ——————————————————–
    The bottom line

    DEMAND ACCOUNTABILITY FROM CONGRESS AND A RESPONSE TO the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY. ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.
    ————————————————————

    AS documented by UNITED STATES SENATOR MARIA CANTWELL

    Dear Ms. Hewett,

    Thank you for contacting me about federal stormwater standards. I appreciate hearing from you on this important matter.
    FOLLOWING A 2010 LEGAL SETTLEMENT BETWEEN THE EPA AND THE CHESAPEAKE BAY FOUNDATION (FOWLER V. EPA),

    THE EPA AGREED TO CREATE A NEW FEDERAL STORMWATER RULE.

    The RULE will create performance standards for stormwater discharges at both newly developed and redeveloped sites, broaden the EPA’s oversight of Chesapeake Bay stormwater permits and set a standard for the total maximum daily discharge.

    The RULE will also potentially increase the number of cities regulated as Municipal Separate Storm Sewer Systems, which can include underground pipes, roads with drainage pipes, gutters and ditches. Prior to developing the proposed stormwater rules, the EPA sought input from stakeholders in public forums. The EPA expects to finalize the RULE by December 10, 2014.

    Sincerely,
    Maria Cantwell
    United States Senator
    —————————————————————–
    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce

    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    This tactic is called “sue and settle,” a name coined by Rep. Colin Peterson (D-MN).

    SUE AND SETTLE – US Chamber of Commerce

    THE U.S. CHAMBER OF COMMERCE IS THE WORLD’S LARGEST BUSINESS FEDERATION REPRESENTING THE INTERESTS OF MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY ASSOCIATIONS.

    additional methodology and the development of a database of sue and settle cases. The … Appendix A: Methodology I for Identifying Sue and Settle Cases. 46.www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    —————————————————————–
    HOW LONG HAS CONGRESS TOTALLY IGNORED
    the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.
    ———————————————————————
    I Goggled online…. “CONGRESS HELPING SMALL BUSINESS”

    WELCOME TO THE HOUSE SMALL BUSINESS COMMITTEE WEBSITE.
    http://smallbusiness.house.gov/

    Chairman Sam Graves and his fellow Committee members ARE FOCUSED? ON RESPONDING TO THE CHALLENGES FACED BY OUR NATION’S SMALL BUSINESS OWNERS AND THEIR EMPLOYEES.

    CONGRESS contemplating SMALL TWEAKS tweaks to help small businesses?
    —————————————————————
    FOCUSED ON? RESPONDING TO CHALLENGES?

    HOW ABOUT FOCUSING ON DOCUMENTED THREATS?

    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    ——————————————————————
    I have been RIDICULED for

    “Doing what I can, with what I have, where I am.”

    I have three (3) federal elected representatives
    MARIA CANTWELL
    PATTY MURRAY
    AND DEREK KILMER

    I have been RIDICULED because I send comments and ask question.

    I have been CHASTISED for disseminating the written response.

    I am guilty of attending Public forums and town hall meeting.
    And as an American CITIZEN I defend my right to
    “Do what I can, with what I have, where I am.”
    ————————————————————–
    I DID ATTEND THE SEQUIM TOWN HALL MEETING Nov. 1, 2013

    I DID PLACE A PRINT OUT OF THE FOLLOWING 54 PAGE DOCUMENT IN DEREK KILMERS HAND.

    SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. The … Appendix A: Methodology I for Identifying Sue and Settle Cases. 46.

    I shall request that Derek Kilmer present a copy of the document TO THE HOUSE SMALL BUSINESS COMMITTEE WEBSITE.
    http://smallbusiness.house.gov/
    ——————————————————————
    My intent?
    Is to INFORM and REQUIRE more than “CONGRESS CONTEMPLATING SMALL TWEAKS TO HELP SMALL BUSINESSES” …

    Based on documentation.

    ‘SUE AND SETTLE’ THREATENS BUSINESS | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎

    The bottom line

    DEMAND ACCOUNTABILITY FROM CONGRESS AND A RESPONSE TO the “SUE AND SETTLE” THREAT TO THE US ECONOMY ON MORE THAN 3 MILLION BUSINESSES OF ALL SIZES, SECTORS, AND REGIONS, AS WELL AS STATE AND LOCAL CHAMBERS AND INDUSTRY. ASSOCIATIONS that are represented by the US CHAMBER OF COMMERCE.

    ———————————————
    OCT 24, 2013
    Behind My Back | Sue and Settle
    www.behindmyback.org/category/sue-and-settle/‎
    Oct 24, 2013 – SUE AND SETTLE? CREATED THE EPA UNFUNDED MANDATE FOR THE $14.8 BILLION DOLLAR MARYLAND RAIN TAX. SEE THE “US …
    ——————————————————————–


  • Annihilated Sovereignty

    THE US CONGRESS HAS ENACTED AND/OR HAS ENABLED FEDERAL APPOINTED AGENCY’S IN “SUE AND SETTLE” LAWSUITS, TO USURP AND ANNIHILATE THE SOVEREIGNTY OF ALL OF OUR 50 UNITED STATE’S.
    ——————————————————————–
    POSTED ON BEHINDMYBACK.ORG “CANTWELL ON STORMWATER”

    PER RESPONSE FROM SENATOR MARIA CANTWELL SEPT. 24, 2013

    Following a 2010 legal settlement between the EPA and the Chesapeake Bay Foundation (Fowler v. EPA), the EPA agreed to create a new federal stormwater rule.
    ——————————————————————–
    In all 50 united states, WE the local people and their STATE elected representative governments have been made subject to federal laws AND SUE AND SETTLE RULES that deny CONSTITUTIONAL STATE SOVEREIGNTY.
    ——————————————————————–

    PER RESPONSE FROM SENATOR MARIA CANTWELL SEPT. 24, 2013

    THE EPA RULE WILL create performance standards for STORMWATER discharges at both newly developed and redeveloped sites, broaden the EPA’s oversight of Chesapeake Bay stormwater permits and set a standard for the total maximum daily discharge. THE EPA RULE will also potentially increase the number of cities regulated as Municipal Separate Storm Sewer Systems, which can include underground pipes, roads with drainage pipes, gutters and ditches.
    ——————————————————————–
    WHAT IS LEFT OF STATE SOVEREIGNTY WHEN THE FEDERAL GOVERNMENT ACTS, RULES, REGULATES AND CONTROLS AND APPOINTED FEDERAL AGENCIES RULE AMERICANS WITH SUE AND SETTLE?
    ——————————————————————
    FOR CONNECTIVITY PLEASE READ MY PREVIOUS POSTING FIRST
    9th & 10th Amendments
    Posted on October 23, 2013 12:38 pm by Pearl Rains Hewett Comment
    Natural Rights and State Sovereignty
    ——————————————————————–

    HOW IS IT POSSIBLE? THAT THE RIGHTS OF THE AMERICAN PEOPLE ARE IN DANGER FROM AN OVERPOWERING FEDERAL GOVERNMENT?

    PERHAPS WHEN THE FEDERAL GOVERNMENT RULES,REGULATES AND CONTROLS

    ALL AMERICAN PUBLIC AND PRIVATE LAND IN THE UNITED STATES

    ALL AMERICAN PUBLIC AND PRIVATE WATER IN THE UNITED STATES

    ALL AMERICAN PUBLIC AND PRIVATE AIR IN THE UNITED STATES

    ALL AMERICAN’S REASONABLE RIGHT TO PRIVACY WITH THE NSA

    ALL AMERICAN PUBLIC AND PRIVATE HEALTH CARE

    ——————————————————————-
    Constitution Class: Natural Rights and State Sovereignty

    THIS ARTICLE WAS WRITTEN TO SUPPORT STATE SOVEREIGNTY.

    IT IS THE TENTH AMENDMENT one must first go to when debating state’s rights. the amendment clearly states that all federal powers are enumerated, and the remaining unlisted powers, if not prohibited,

    BELONGS TO THE STATES.

    (Temecula Constitution Class: Natural Rights and State Sovereignty
    http://beforeitsnews.com/opinion-conservative/2013/09/temecula-constitution-class-natural-rights-and-state-sovereignty-2709966.html)
    ——————————————————————
    WHAT HAS BEEN GOING ON IN THE UNITED STATES GOVERNMENT?
    BEHIND OUR BACKS AND BEHIND CLOSED DOORS?
    AND, FOR HOW MANY YEARS? HAVE THESE SUE AND SETTLEMENTS BEEN Annihilated OUR STATES Sovereignty?

    FINALLY “WE THE PEOPLE” ARE BEING INFORMED BY
    Sue and Settle: Regulating Behind Closed Doors | U.S. Chamber of …
    —————————————————————–

    WHO’S SUING? WHO’S SETTLING?

    THE CHAMBER’S STUDY IDENTIFIED THE SIERRA CLUB AS RESPONSIBLE FOR 34 OF THE 71 LAWSUITS AGAINST THE EPA, WITH WILDEARTH GUARDIANS COMING IN SECOND WITH 20 SUITS.
    —————————————————————–
    WHO ARE THESE EASY SUE AND SETTLE TARGETS?

    Those most often targeted by this type of litigation are the ENVIRONMENTAL PROTECTION AGENCY; THE DEPARTMENTS OF THE INTERIOR, TRANSPORTATION, AGRICULTURE, AND DEFENSE: THE FISH & WILDLIFE SERVICE; AND THE ARMY CORPS OF ENGINEERS.

    CITIZEN SUIT PROVISIONS IN MOST MAJOR ENVIRONMENTAL STATUTES MAKE EPA, INTERIOR, AND OTHERS THAT ADMINISTER ENVIRONMENTAL LAWS EASY TARGETS.
    ——————————————————————–

    FINALLY May 2013 “WE THE PEOPLE” ARE BEING INFORMED BY
    Sue and Settle: Regulating Behind Closed Doors | U.S. Chamber of Commerce …

    The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations. www.sueandsettle.com

    The “SUE AND SETTLE” practice of APPOINTED GOVERNMENT agencies entering into voluntary agreements with private parties to issue specific rule making requirements also severely undercuts agency compliance with the administrative procedure act. THE ADMINISTRATIVE PROCEDURE ACT IS DESIGNED TO PROMOTE TRANSPARENCY AND PUBLIC PARTICIPATION in the rule making process.
    ———————————————————————
    AND STATES ARE FIGHTING BACK
    —————————————————
    12 states sue EPA over agency’s alleged ‘SUE AND SETTLE’ tactics | Fox … www.foxnews.com/…/oklahoma-11-other-states-sue-epa-over-sue-and-se…‎
    Jul 17, 2013 – 12 states sue EPA over agency’s alleged ‘sue and settle’ tactics … of 11 other states sued the Environmental Protection Agency Tuesday, …
    ——————————————————————-
    States file lawsuit against EPA over ‘SUE AND SETTLE’ strategy – The Hill
    thehill.com/…/311425-states-file-lawsuit-against-epa-over-sue-and-settle-…‎
    The 11 states that joined Oklahoma in the lawsuit are Alabama, Arizona, Georgia, Kansas, Michigan, Nebraska, North Dakota, South Carolina, Utah, Wyoming and Texas.

    The EPA had previously denied those states a Freedom of Information Act request, and also rejected a request for a waiver fee.
    ——————————————————————–
    Sue and Settle: Regulating Behind Closed Doors | U.S. Chamber of …
    www.uschamber.com/…/sue-and-settle-regulating-behind-closed-doors

    Sue and settle occurs when an agency intentionally relinquishes its statutory discretion by accepting lawsuits from outside groups that effectively dictate the …

    THE ENVRIONMENTAL PROTECTION AGENCY USING SUE AND SETTLE
    These EPA settlements directly resulted in EPA agreeing to publish more than 100 NEW REGULATIONS, many of which impose compliance costs in the tens of millions and EVEN BILLIONS OF DOLLARS.
    ———————————————————————
    HISTORY (before it was called SUE AND SETTLE)
    JUNE 30, 2011 THE US SENATE TRIED TO WARN US…
    New Senate Report Highlights Costs of the Obama-
    EPA’s Overreach on Federal Water Regulations

    US SENATE REPORT CLOUDED WATERS (online)

    THESE NEW RULES ARE NOT THE OUTCOME OF LEGISLATION OR RIGOROUS SCIENTIFIC FINDINGS,

    BUT THE DIRECT RESULT OF A NUMBER OF LAWSUITS BY ENVIRONMENTALISTS. (before it was called SUE AND SETTLE)

    It will also harm the economy and will greatly expand federal reach over the nation’s waters. Today, I am releasing a report that highlights four of the most expensive water rules that EPA is planning to implement-THEY WILL COST BILLIONS OF DOLLARS and put thousands of jobs at risk, all for little, if any environmental benefits.” states and municipalities are suffering because this administration is cranking out EXPENSIVE UNFUNDED MANDATES at a breakneck pace.
    ——————————————————————
    ALL OF THE GORY DETAILS online
    ———————————————-
    SUE AND SETTLE – US Chamber of Commerce
    www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
    additional methodology and the development of a database of sue and settle cases. The … Appendix A: Methodology I for Identifying Sue and Settle Cases. 46.
    —————————————————

    EASY GREEN TARGETS UNDER THE CLEAN WATER?
    EASY TARGETS CLEAN AIR ACT?
    ——————————————————–
    Chamber: Greens using ‘sue and settle’ to coerce EPA – The Hill
    thehill.com/…/300851-chamber-greens-using-sue-and-settle-to-coerce-ep…‎
    May 20, 2013 – Green groups have used “sue and settle” tactics to force more than 100 … according to a new Chamber of Commerce study released Monday.

    The Chamber’s study identified the Sierra Club as responsible for 34 of the 71 lawsuits against the EPA, with WildEarth Guardians coming in second with 20 suits.

    Read more: http://thehill.com/blogs/regwatch/energyenvironment/300851-chamber-greens-using-sue-and-settle-to-coerce-epa#ixzz2ig6G8CrX
    Follow us: @thehill on Twitter | TheHill on Facebook
    ——————————————————————-

    ALLOWING RADICAL GLOBAL ENVIRONMENTALIST TO NOT ONLY “SUE AND SETTLE” TO RULE, BUT BY ALSO ALLOWING RADICAL GLOBAL ENVIRONMENTALIST TO AFFECT U.S. FEDERAL LEGISLATION.
    ———————————————————–

    PER RESPONSE FROM SENATOR MARIA CANTWELL SEPT. 24, 2013

    Following a 2010 legal settlement between the EPA and the Chesapeake Bay Foundation (Fowler v. EPA), the EPA agreed to create a new federal stormwater rule.

    SUE AND SETTLE? CREATED THE EPA UNFUNDED MANDATE FOR THE $14.8 BILLION DOLLAR MARYLAND RAIN TAX. SEE THE “US SENATE REPORT CLOUDED WATERS”
    ———————————————————————
    EASY TARGET
    THE DEPARTMENT OF THE INTERIOR USING SUE AND SETTLE
    UNDER THE ENDANGERED SPECIES ACT
    USING ENDANGERED PLANTS, INSECTS, BIRDS, SPIDERS, SNAKES AND ANIMALS

    Several of the cases examined in the paper include using sue and settle to designate certain species as threatened on the Endangered Species Act and placing certain species on the list.

    In fiscal year 2011, Congress appropriated $20.9 million to the U.S. Fish and Wildlife Service for “ENDANGERED SPECIES LISTING AND CRITICAL HABITAT DESIGNATION.” That year, the Chamber cites, the agency spent $15.8 million in response to court orders or settlement agreements.

    Read more: http://thehill.com/blogs/regwatch/energyenvironment/300851-chamber-greens-using-sue-and-settle-to-coerce-epa#ixzz2ig6QcOyA
    Follow us: @thehill on Twitter | TheHill on Facebook
    —————————————————————-
    Sue and Settle’ Threatens Business | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    This tactic is called “sue and settle,” a name coined by Rep. … Through sue and settle, agencies have instituted dozens of large, burdensome rules in recent …
    ——————————————————————–

    BUT BY ALSO ALLOWING RADICAL GLOBAL ENVIRONMENTALIST SUE SETTLE AND PROMOTE U.S. FEDERAL LEGISLATION FOR THE UN, AGENDA 21.THREATENING US WORLD TRADE AND THE AMERICAN ECONOMY.
    ——————————————————————-

    THE FEDERAL ELECTED MEMBERS OF CONGRESS HAVE LEGISLATED AND/OR ENABLED SUE AND SETTLE BY THE APPOINTED USING ACTS OF CONGRESS, AND TRIBAL RIGHTS FOR ABSOLUTE CONTROL OF MORE WHAT?

    FOR GOOD MEASURE LET’S ADD A BIT MORE FEDERAL OPPRESSION

    THE ALL FEDERAL AND NPS RESERVED WATER RIGHTS (un-quantified)
    TO SEIZE, CONTROL AND REGULATE ALL PUBLIC AND PRIVATE SHORELINES, RIVERS, LAKES, STREAMS,CREEKS,WETLANDS, INCLUDING PRIVATE WELLS.

    THE TRIBAL RESERVED (un-quantified) WATER RIGHTS USED TO, CONTROL AND REGULATE ALL PUBLIC AND PRIVATE WATER RIGHTS

    THE TRIBAL RESERVED instream flow WATER RIGHTS USED TO, CONTROL AND REGULATE ALL PUBLIC AND PRIVATE WATER RIGHTS

    THE WILD AND SCENIC RIVERS ACT

    TO SEIZE, CONTROL AND REGULATE PRIVATE AND PUBLIC SHORELINES, RIVERS, LAKES, STREAMS, CREEKS AND WETLANDS.

    AND, ADD RESTRICTING BUFFERS ON ALL PRIVATE AND PUBLIC SHORELINES, RIVERS, LAKES, STREAMS, CREEKS, WETLANDS

    TO DESIGNATE NATIONAL PARKS AS “UNITED NATIONS WORLD HERITAGE SITES” WITH BUFFER ZONES EXTENDING ONTO PRIVATE LAND.

    UNDER THE ENDANGERED, THREATENED, SENSITIVE SPECIES ACT INCLUDING PLANTS

    TO PROVIDE MILLIONS OF ACRES OF PUBLIC AND PRIVATE LAND AS HABITAT FOR ENDANGERED SPECIES

    UNDER THE BOLDT DECISION TRIBAL FISH PROTECTION

    TEAR OUT THE CLEAN HYDRO ELECTRIC POWER DAMS

    DECLARE THAT HYDRO POWER IS NOT A RENEWABLE RESOURCE

    SECRETARY-SALAZAR-CREATES-NATIONAL-BLUEWAYS-SYSTEM-
    TO SEIZE AND CONTROL ALL SHORELINES, RIVERS, LAKES, STREAMS, CREEKS
    ——————————————————————-

    THE CLEAN AIR ACT coming soon to your neighborhood.

    —————————————————-
    BY HOOK OR BY CROOK, BY CONGRESSIONAL ACT OR SUE AND SETTLE

    The Arrogance of Power Ad Nauseam….

    AND, IF AMERICAN CITIZENS DO NOT STOP THIS, IT WILL CONTINUE

    Ad Infinitum a Latin phrase In context, it usually means “continue forever, without limit” and thus can be used to describe a non-terminating process, a non-terminating repeating process, or a set of instructions to be repeated “forever,”-

    —————————————————————

    LET’S ADD A BIT MORE
    ——————————————————————–
    Subject: RE: Kilmer response on H.R. 3080, the Water Resources Reform and Development
    Date: Mon, 21 Oct 2013 13:51:44 -0700
    Just more FYI on 3080, tomorrow in the House Rules Committee this bill will be brought up with any amendments. I think it is scheduled for 2:00 P.M. Pacific time. They are accepting amendments up until 7:00 A.M. Pacific Time. What’s currently on the list of amendments don’t affect the environmental restoration topic; but who knows what comes in at the last minute. Some would say the amendments are nothing more than “earmarks”….something that was prohibited to do in this Congress

    but if you read between the lines it looks and smells the same.


  • Kilmer on H.R. 3080

    Thank you for contacting me about H.R. 3080, the Water Resources Reform and Development Act. I appreciate you taking the time to share your thoughts with me.

    —– Original Message —–
    From: Representative Derek Kilmer
    To: phew@wavecable.com
    Sent: Saturday, October 19, 2013 9:03 AM
    Subject: Responding to Your Message

    Dear Pearl Rains,

    Thank you for contacting me about H.R. 3080, the Water Resources Reform and Development Act. I appreciate you taking the time to share your thoughts with me.

    Historically, every two years Congress has passed legislation that authorizes the U.S. Army Corps of Engineers to carry out projects that maintain and develop navigable channels and waterways infrastructure and support flood and storm damage restoration. Unfortunately, Congress hasn’t passed this legislation since 2007.

    Let me take a second to explain why this is important.

    The maritime industry is a vital part of our community. With 75 port districts – the largest locally controlled public port system in the world – Washington State plays an important part in securing U.S. imports and exports. Our ports handle 7% of the U.S. export business and 6% of the imports business – a critical piece of our national economy, and an important part of our state economy. The U.S. Army Corps of Engineers supports our ports and waterways to ensure the movement of people and cargo continues and goes smoothly.

    Rep. Bill Shuster (Penn.) has introduced H.R. 3080, the Water Resources Reform and Development Act (WRRDA). The bill’s primary focus is on making these critical investments. That said, I have heard concerns from folks in our region that components of the legislation may streamline the environmental review process under the the National Environmental Policy Act (NEPA) and other important environmental laws that protect endangered species, public safety, and the environment. Some have expressed concerns that provisions of the bill may lead the Corps to finalize a project study before a full analysis of the impacts, benefits, and different approaches. What’s more, I want to make sure provisions in WRRDA allow the public to have a voice.

    Our nation faces water resource challenges, including severe flooding, droughts, and coastal storms. The next WRRDA needs to help restore the ecosystem and rebuild and repair infrastructure damaged by natural disasters. It must also protect the environment, people, and wildlife. These efforts are vital to a healthy national economy and promoting job growth. I am hopeful that we can do right by our economy and our environment.

    This legislation was passed out of the House Transportation and Infrastructure Committee on September 19, 2013. I will keep your thoughts in mind if it is considered by the full House of Representatives.

    I encourage you to continue to share your views with me on this topic or any other issue. Thank you for reaching out. It is an honor to serve as your representative.

    Sincerely,

    Derek Kilmer
    Member of Congress

    ———————————————-

    Sign up for Representative Derek Kilmer’s E-Memo
    Click here to receive our bi-weekly email update about Congress.

    Improve Government Efficiency
    If you see opportunities in which your tax dollars can be used more efficiently or effectively, let me know here.

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  • Bother Public Servants?

    Regarding my tenacity and bother on “Clouded Waters” and “Sue and Settle”, from Jan 25, 2013 to date.

    Bottom Line
    THEY BOTHER ME…. I BOTHER THEM

    History
    It started with an email from DC … on Jan 25, 2013.
    Start looking for a “white paper” online within one of the congressional committee programs titled: Clouded Waters
    Is a compilation within the legislative neighborhood the history of how we got stuck with all these overarching regulations…the face behind the story. Sounds like some pretty good stuff.
    ——————————————————
    I didn’t even know what a white papers was?

    I went to the most informed go-to person that I knew, (name removed for privacy) you responded on Jan. 27, 2013.
    RE: DC REPORTS FEDERAL WHITE PAPER “CLOUDY WATERS”

    you response on Jan. 27, 2013.
    I think that would be:
    1. [PDF]
    Clouded Waters: A Senate Report Exposing the High – U.S. Senate …
    epw.senate.gov/public/index.cfm?FuseAction=Files…Share
    —————————————————————
    WHEN I READ THAT REPORT IT REALLY BOTHERED ME!

    I AM JUST ONE OF THOSE AMERICAN CITIZENS….. FROM WA STATE THAT KNOWS ABOUT RCW 42.56.030
    THE PEOPLE OF THIS STATE DO NOT YIELD THEIR SOVEREIGNTY TO THE AGENCIES THAT SERVE THEM.
    BY DEFINITION PUBLIC SERVANT – someone who holds a government position (either by ELECTION or APPOINTMENT)

    THE PEOPLE, IN DELEGATING AUTHORITY, DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW.

    THEY BOTHER ME…. I BOTHER THEM.
    ————————————————————–

    Since that time, 9 months ago, all hell has broken loose. Who knew that the EPA was engaged in, what is now know, as Sue and Settle?

    BIG PLAYERS HAVE STEPPED IN, THE EPA IS GETTING SUED BY STATES TO RELEASE FOI AND MORE.

    ‘Sue and Settle’ Threatens Business | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎

    And even the proposed “SUNSHINE FOR REGULATORY DECREES AND SETTLEMENTS ACT OF 2013”
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    I have spent Nine Months documenting, connecting the dots
    and my accumulated effort was posted as,
    Behind My Back | The Departure of Justice
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    HISTORY THEY BOTHER ME…. I BOTHER THEM.

    Indeed, I continue my endeavor to Bother our Public Servants about “Clouded Waters” and “Sue and Settle”

    Behind My Back | Derek Kilmer -Clouded Waters
    www.behindmyback.org/2013/04/11/derek-kilmer-clouded-waters/‎
    Apr 11, 2013 – Lois and Sue, I received a phone call from Derek Kilmer’s office (Monica) in WA DC last night on the “US Senate Report Clouded Waters”.
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    Behind My Back | Clouded Waters EPA hearing
    www.behindmyback.org/2013/03/02/clouded-waters-epa-hearing/‎
    Mar 2, 2013 – Full EPA Clouded Waters Senate Hearing Inhofe Hearing Statement: Full Committee Hearing on The Clean Air Act and Public Health June 15, …
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    Behind My Back | EPA Clouded Waters-Clouded Facts
    www.behindmyback.org/category/epa-clouded-waters-clouded-facts/‎
    Sep 11, 2013 – … Involved · Contact Us · “Conspiracy Exposed” · Buried Comments on wood burning. Category Archives EPA Clouded Waters-Clouded Facts …
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    Behind My Back | US Senate Rpt.Clouded Waters
    www.behindmyback.org/2013/04/20/us-senate-report-clouded-waters/‎
    Apr 20, 2013 – Message sent to Patty Murray and Maria Cantwell Please, read the “US Senate Report Clouded Waters” EPA RULES WILL COME AT AN …
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    Behind My Back | Clouded Waters EPA
    www.behindmyback.org/2013/02/01/clouded-waters-epa/‎
    Feb 1, 2013 – UNITED STATES SENATE REPORT Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts …
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    Behind My Back | Uncategorized
    www.behindmyback.org/category/uncategorized/‎
    May 29, 2013 – Link to EPW Minority Report: “Clouded Waters: A Senate Report Exposing the High Cost of …. Please visit my website “behindmyback.org.
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    Behind My Back | APPOINTED FEDERAL AGENCIES
    www.behindmyback.org/category/appointed-federal-agencies/‎
    Aug 28, 2013 – Feb 13, 2013 – UNITED STATES SENATE REPORT CLOUDED WATERS (previously posted behindmyback.org.) A Senate Report Exposing …
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    Behind My Back | EPA from A-Z
    www.behindmyback.org/category/epa-from-a-z/‎
    Sep 6, 2013 – Behind My Back … to reduce the threat harmful pollutants pose to our air and waters. … This entry was posted in EPA Clean Air Act, EPA Clean Water Act, EPA Clouded Waters-Clouded Facts, EPA from A-Z, Goliath’s Fish …
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    Behind My Back
    www.behindmyback.org/‎
    2 days ago – 33 See CLOUDED WATERS: A Senate Report Exposing the High Cost of …. This entry was posted in Behind Closed Doors,
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    Behind My Back, …
    Commentary: Deprived Of Our Water | Citizen Review Online
    citizenreviewonline.org/commentary-deprived-of-our-water/‎
    Feb 13, 2013 – UNITED STATES SENATE REPORT CLOUDED WATERS (previously posted behindmyback.org.) A Senate Report Exposing the High Cost of …
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    Behind My Back | EPA Sue and Settle
    www.behindmyback.org/2013/05/29/epa-sue-and-settle/‎
    May 29, 2013 – EPA VIOLATIONS OF THE ADMINISTRATIVE PROCEDURES ACT Derek, I did attend your town hall meeting in Port Angeles Yesterday.
    Behind My Back | The Departure of Justice
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    www.behindmyback.org/2013/10/12/the-departure-from-justice/‎
    1 day ago – IN ALL OF THE SUE AND SETTLE CASES the Chamber found, the … SUE AND SETTLE – US Chamber of Commerce … Behind My Back
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    Behind My Back | Open Government
    www.behindmyback.org/category/open-government/‎
    1 day ago – EPA’s Secret And Costly ‘Sue And Settle’ Collusion With … – Forbes ….. www.behindmyback.org/2013/06/22/drones-why-the-secrecy/‎ Jun 22 …
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    Behind My Back | Derek Kilmer -Clouded Waters
    www.behindmyback.org/2013/04/11/derek-kilmer-clouded-waters/‎
    Apr 11, 2013 – Lois and Sue, I received a phone call from Derek Kilmer’s office (Monica) in … evidence and the EPA sue and settle with special interest groups.
    ———————————————————————

    ‘Sue and Settle’ Threatens Business | U.S. Chamber of Commerce
    www.uschamber.com/feed/sue-and-settle-threatens-business‎
    This tactic is called “sue and settle,” a name coined by Rep. … Through sue and settle, agencies have instituted dozens of large, burdensome rules in recent …
    ————————————————
    AND MORE BOTHER?
    EPA | Citizen Review Online
    citizenreviewonline.org/category/epa/‎
    Jul 25, 2013 – EPA: What happens in the backroom of a sue-and-settle lawsuit? June 6, 2013. Opinion by ….. (previously posted behindmyback.org.) Continue …
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    AND MORE BOTHER?
    “WILD” and the EPA | Citizen Review Online
    citizenreviewonline.org/wild-and-the-epa/‎
    Jul 17, 2013 – Goggle the US Senate report “Clouded Waters”. New Senate Report … Behind My Back | Derek Kilmer -Clouded Waters (this is my web site)
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    AND MORE BOTHER?
    EPA | Citizen Review Online
    citizenreviewonline.org/category/epa/‎
    Jul 25, 2013 – Clouded Waters EPA … (previously posted behindmyback.org.) … Clouded Waters: A Senate Report Exposing the High – U.S. Senate …
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    COPIES OF ORIGINAL EMAILS

    —– Original Message —–
    From: names removed for privacy To: names removed for privacy Sent: Sunday, January 27, 2013 10:17 AM
    Subject: RE: DC REPORTS FEDERAL WHITE PAPER “CLOUDY WATERS”

    I think that would be:
    1. [PDF]
    Clouded Waters: A Senate Report Exposing the High – U.S. Senate …
    epw.senate.gov/public/index.cfm?FuseAction=Files…Share

    Shared on Google+. View the post.

    File Format: PDF/Adobe Acrobat – Quick View
    Jun 30, 2011 – Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts on State and Local Budgets …

    I’ll read it when I have a chance . . .
    name removed for privacy

    —————————————————–

    From: pearl hewett [mailto:phew@wavecable.com]
    Sent: Sunday, January 27, 2013 8:04 AM
    To: names removed for privacy Cc: names removed for privacy

    Subject: DC REPORTS FEDERAL WHITE PAPER “CLOUDY WATERS”

    ——————————————————–

    DC REPORTS FEDERAL WHITE PAPER “CLOUDY WATERS”

    Start looking for a “white paper” online within one of the congressional committee programs titled: Clouded Waters

    Is a compilation within the legislative neighborhood the history of how we got stuck with all these overarching regulations…the face behind the story.

    I’ll try to track down the web link, but you’re such a fan of one particular search engine maybe you’ll find it in advance.

    Sounds like some pretty good stuff.

    name removed for privacy

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    I looked online? Nothing showing up yet?
    Does anyone have any information on this?

    FYI

    Pearl Rains Hewett
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    Bottom Line
    THEY BOTHER ME…. I BOTHER THEM