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  • Category Archives EPA Abuse and Attack
  • POTUS WOTUS EPA ACE and Justice Scalia

    POTUS WOTUS EPA ACE  and Justice Scalia

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers ACE (Corps) promulgated in 2016.

    The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

    It instructs EPA and the ACE Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    President Trump signed executive order on February 28, 2017 instructs EPA and the Corps to

    “CONSIDER” ADOPTING THE SCALIA TEST FROM RAPANOS V. UNITED STATES, 547 U.S. 715 (2006).

    ORDER § 3. SCALIA OPINED IN RAPANOS THAT, “THE PHRASE ‘THE WATERS OF THE UNITED STATES’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

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    Notice that Trump signed the EO back at the end of February 2017, and the EPA is JUST NOW sending the information out. It looks like they have deliberately STALLED.

    These statements have to be in by June 19, 2017. Heads up!

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    THE FEDERAL DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

    IS LOCATED AT 33 CFR 329.4

    • 329.4 General definition.

    Navigable waters of the United States are those waters that are subject to the ebb (the outgoing phase; when the tide drains away from the shore) and flow (the incoming phase; when water rises again) of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of  navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

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    The federal definition 40 CFR 230 .3 pertains to the Clean Water Act and waters of the United States.

    WOTUS BY OBAMA

    The definition of the Waters of the United States (WOTUS) is very dangerous and overreaching. Under section (o), parts of the definition read as follows:
    o) The term waters of the United States means: …

    (ii) All interstate waters, including interstate wetlands;

    (iv) All impoundments of waters otherwise identified as waters of the United States under this section;

    (vi) All waters adjacent to a water identified in paragraphs (o)(1)(i) through (v) of this section, including  wetlands, ponds, lakes, oxbows, impoundments, and similar waters;

    (vii) All waters in paragraphs (o)(1)(vii)(A) through (E) of this section where they are determined, on a case-specific basis, to have a  significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. The waters identified in each of paragraphs (o)(1)(vii)(A) through (E) of this section are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (o)(1)(i) through (iii) of this section. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an  adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

    (A)Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest.

    (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section and all waters located within 4,000 feet of the high tideline or ordinary high water mark of a water identified in paragraphs (o)(1)(i) through (v) of this section where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. For waters determined to have a  significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific  significant nexus analysis is required.

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    WRITING FOR THE COURT IN THE 2014 CLEAN AIR ACT CASE, UTILITY AIR REGULATORY GROUP V. EPA, JUSTICE SCALIA DECLARED EPA’S INTERPRETATION UNREASONABLE BECAUSE IT WOULD BRING ABOUT AN ENORMOUS AND TRANSFORMATIVE EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

    JUSTICE SCALIA DECLARED “We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance,’” he wrote.
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    OBAMA VETOES GOP ATTEMPT TO BLOCK WOTUS WATER RULE

    By Timothy Cama – 01/19/16 07:22 PM EST

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    EPA ‘Waters of U.S.’ Rule Is a Power Grab | National Review

    www.nationalreview.com/article/431134/epa-waters-us-rule-power-grab

    by Rupert Darwall February 11, 2016 4:00 AM. Obama’s power-mad agency claims jurisdiction over land and water use almost everywhere in … EPA, under the Clean Water Act, a statute Congress passed two years after its clean-air sibling. … partially checked, in what has become known as the Waters of the U.S. (WOTUS).

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    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) promulgated in 2016. The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” It instructs EPA and the Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    The Order raises a number of interesting issues. First, it instructs EPA and the Corps to “consider” adopting the Scalia test from Rapanos v. United States, 547 U.S. 715 (2006). Order § 3. Scalia opined in Rapanos that, “the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    Because Rapanos was a split decision (4–1–4), there is no controlling opinion. The circuit courts, applying the Marks analysis, have concluded that Kennedy’s lone concurring opinion, which focused on the significant-nexus test, is the controlling standard from the case. (A couple of circuits have allowed Kennedy’s or Scalia’s opinion to be used to establish jurisdiction.) All of the circuit courts and almost all of the district courts have rejected the argument that Scalia’s test should be adopted as the sole jurisdictional test. The Supreme Court has denied certiorari numerous times since Rapanos on WOTUS issues, so we have no clarification from the Court on how to interpret the decision.

    IT IS CLEAR WHY THE ADMINISTRATION HAS CHOSEN SCALIA’S TEST—IT IS MORE RESTRICTIVE OF JURISDICTION.

     THAN THE KENNEDY TEST, WHICH EPA AND THE CORPS ADOPTED IN THE WOTUS RULE.

    UNDER THE SCALIA TEST, MOST HEADWATER SYSTEMS—ESPECIALLY IN THE ARID WEST—WOULD NOT BE SUBJECT TO  THE CLEAN WATER ACT (CWA) BECAUSE MOST HEADWATER SYSTEMS ARE EPHEMERAL OR INTERMITTENT AND ARE THEREFORE NOT “RELATIVELY PERMANENT WATERS.” HEADWATER SYSTEMS COMPRISE A LARGE PART OF THE NATION’S TRIBUTARY SYSTEM. IN PLACES LIKE ARIZONA EVEN THE MAIN CHANNELS ARE DRY MOST OF THE YEAR AND, THEREFORE, MAY NOT MEET THE SCALIA TEST FOR JURISDICTION.

     

    THE SCALIA TEST WOULD LIKELY ALSO REMOVE MANY OF THE NATIONS’ WETLANDS FROM . EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

     

    AS JUSTICE SCALIA SAID “WE EXPECT CONGRESS TO SPEAK CLEARLY IF IT WISHES TO ASSIGN TO AN AGENCY DECISIONS OF VAST ‘ECONOMIC AND POLITICAL SIGNIFICANCE,’”

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    President Trump Issues Executive Order Directing EPA to Review the WOTUS Rule

    Thursday, March 2, 2017

    On February 28, 2017, President Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) to review the federal Clean Water Act (CWA) definition of “Waters of the United States”(WOTUS) Rule (the Rule) (80 Fed. Reg. 37054, June 29, 2015). Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule, Executive Order (Feb. 28, 2017) (EO). The EO directs EPA and ACE to review the WOTUS Rule for consistency with the policies set forth in the EO which specifies that “It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.” The EO also directs EPA and ACE to “publish for notice and comment a proposed rule rescinding or revising the [WOTUS] rule, as appropriate and consistent with law.”

    Pursuant to the EO, EPA and ACE submitted for publication in the Federal Register, a notification of intention to review and rescind or revise the Rule. Notice of Intention to Review and Rescind or Revise the Clean Water Rule, Environmental Protection Agency and Dept. of Defense, Feb. 28, 2017. The notification will be published in the Federal Register in the coming days.

    THE EO ALSO DIRECTS EPA AND ACE TO CONSIDER INTERPRETING THE TERM “NAVIGABLE WATERS,”IN A MANNER CONSISTENT WITH THE OPINION OF JUSTICE SCALIA IN RAPANOS V. UNITED STATES, 547 U.S. 715 (2006). The Rapanos opinion set out two separate standards for CWA jurisdiction. See Rapanos at 715‑718. Justice Scalia, writing for a plurality, determined that the statute should only apply when there is a “continuous surface connection”between “relatively permanent”waters. Id. at 743. Justice Kennedy, on the other hand, determined that jurisdiction should be based on whether a water or wetland possesses “a significant nexus to waters that are or were navigable in fact or that could reasonably be so made.” Id. at 759. Neither standard was supported by a majority, so neither standard has become binding precedent. See Id. at 715-718. Regulators, however, have generally followed Justice Kennedy’s standard,

    AND THUS, A SWITCH TO JUSTICE SCALIA’S STANDARD WOULD REPRESENT A SIGNIFICANT CHANGE IN INTERPRETATION OF THE JURISDICTIONAL EXTENT OF THE CWA. SEE 80 FED. REG. 37054, 37056, 37060-37061 [WOTUS RULE].


  • WA State DOE Environmental Justice WAC

    WA State DOE Environmental Justice WAC

    Regarding proposed WA State  Chapter 173-321 WAC

    WHAT IS VAGUENESS AND OVERBREADTH?

    RELATED TO THE OVERBREADTH DOCTRINE IS THE DOCTRINE OF VAGUENESS. THE VAGUENESS DOCTRINE, AN ASPECT OF THE DUE PROCESS REQUIREMENT OF NOTICE, HOLDS THAT A LAW IS FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION.”

    —————————————–

    SO WHAT ABOUT THIS WA STATE WAC?

     IS IT FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION?

     AS USUAL YOU HAVE TO READ 173-321 WAC, PUBLIC PARTICIPATION GRANTS TO FIND OUT WHAT’S IN IT!

    MISLEADING TO SAY THE LEAST” I read it, the full text is below.

     For more information:

    http://www.ecy.wa.gov/programs/swfa/rules/wac173321/1613ov.html

    ECOLOGY’S Introduction

    Under Chapter 70.105D RCW, Ecology administers a program for GRANTS TO

     “PERSONS WHO MAY BE ADVERSELY AFFECTED BY A RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE AND NOT-FOR-PROFIT PUBLIC INTEREST GROUPS”.

    Grants are used to “facilitate public participation in the investigation and remediation of a release OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE and to implement the state’s solid and hazardous waste management priorities.”

    Scope of rulemaking
    WA STATE DEPT OF ECOLOGY (DOE) PROPOSES TO:

    • REVISE PROGRAM PRIORITIES TO INCLUDE ENVIRONMENTAL JUSTICE
    • Revise eligibility requirements
    • Clarify the criteria used to evaluate applications
    • Revise eligible costs
    • Develop a method for renewing grants annually per Chapter 70.105D RCW
    • Streamline the grant application and evaluation process to increase consistency, transparency, objectivity, and efficiency
    • Revise the grant application process to authorize electronic submittals
    • Update grant administration requirements
    • Align Chapter 173-321 WAC to current program needs.

    Added for clarity…

    CHAPTER 173-321 WAC

    PUBLIC PARTICIPATION GRANTS

    Complete Chapter

    WAC Sections

    173-321-010

    Purpose and authority.

    173-321-020

    Definitions.

    173-321-030

    Relationship to other legislation and administrative rules.

    173-321-040

    Applicant eligibility.

    173-321-050

    Application evaluation criteria.

    173-321-060

    Eligible project costs.

    173-321-070

    Grant funding.

    173-321-080

    Grant administration.

    WAC 173-321-060

    Eligible project costs.

    (1) ELIGIBLE PROJECT COSTS FOR SUBSTANCE RELEASE GRANTS SHALL INCLUDE BUT NOT BE LIMITED TO:

    (A) HIRING TECHNICAL ASSISTANTS TO REVIEW AND INTERPRET DOCUMENTS;

    (b) PUBLIC INVOLVEMENT and public education activities;

    (C) REVIEWING SPECIFIC PLANS FOR ENVIRONMENTAL TESTING AND ANALYSIS, REVIEWING REPORTS SUMMARIZING THE RESULTS OF SUCH PLANS AND MAKING RECOMMENDATIONS FOR MODIFICATIONS TO SUCH PLANS.

    (D) EXPENDABLE PERSONAL PROPERTY;

    (E) OTHER PUBLIC PARTICIPATION ACTIVITIES AS DETERMINED BY THE DEPARTMENT ON A CASE-BY-CASE BASIS.

    (2) ELIGIBLE PROJECT COSTS FOR WASTE MANAGEMENT

     PRIORITY GRANTS SHALL INCLUDE BUT NOT BE LIMITED TO:

    (a) Assisting in DEVELOPING AND IMPLEMENTING PROGRAMS that promote or improve state or local solid or hazardous waste management plans;

    (b) Assisting in developing programs or activities that promote and are consistent with the state solid or hazardous waste management priorities;

    (C) EXPENDABLE PERSONAL PROPERTY;

    (D) OTHER PUBLIC PARTICIPATION ACTIVITIES AS DETERMINED BY THE DEPARTMENT ON A CASE-BY-CASE BASIS.

    (3) Ineligible projects and grant costs shall include but not be limited to:

    (a) Independently collecting or analyzing samples at facility sites;

    (B) HIRING ATTORNEYS FOR LEGAL ACTIONS AGAINST POTENTIALLY LIABLE PERSONS, FACILITY OWNERS, OR THE DEPARTMENT. APPLICANTS WHO RECEIVE A GRANT AWARD SHALL NOTIFY THE DEPARTMENT IF LEGAL ACTION IS INTENDED OR TAKEN ON THE SUBJECT OF THE GRANT PROJECT OR APPLICATION;

    (C) LEGISLATIVE LOBBYING ACTIVITIES;

    (d) Real property;

    (e) Nonexpendable personal property.

    [Statutory Authority: Chapter 70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-321-060, filed 2/12/01, effective 3/15/01. Statutory Authority: 1989 c 2. WSR 89-21-072 (Order 89-26), § 173-321-060, filed 10/17/89, effective 11/17/89.]

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

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    Why does WA State DOE need an Environmental Justice WAC?

    WAC, WAC, WAC, ECOLOGY’S HISTORIC POLICY OF REDUNDANT DUPLICITY

    Environmental Justice | US EPA

    https://www.epa.gov/environmentaljustice

    Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and ENFORCEMENT OF ENVIRONMENTAL LAWS, REGULATIONS, AND POLICIES.

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    Chapter 173-321 WAC
    Public Participation Grants

    Overview

    Introduction

    Under Chapter 70.105D RCW, Ecology administers a program for grants to “persons who may be adversely affected by a release or threatened release of a hazardous substance and not-for-profit public interest groups”. Grants are used to “facilitate public participation in the investigation and remediation of a release or threatened release of a hazardous substance and to implement the state’s solid and hazardous waste management priorities.”

    Why are we doing this rulemaking?
    In 2016, Ecology obtained an independent audit of our Public Participation Grants program. The current application process for the grants requires a significant amount of time and agency resources to establish applicant eligibility and award the grants. Changes Ecology is proposing are either specific audit recommendations or based on the agency’s experiences implementing the program.

    Input from past grant recipients and other stakeholders also indicated a need to increase the emphasis the PPG program places in reaching disadvantaged communities adversely affected by toxic contamination and cleanup work. Updating the rule now will allow us to apply these changes to grants awarded in the 2017-19 biennium.

    Scope of rulemaking
    Ecology proposes to:

    • Revise program priorities to include environmental justice
    • Revise eligibility requirements
    • Clarify the criteria used to evaluate applications
    • Revise eligible costs
    • Develop a method for renewing grants annually per Chapter 70.105D RCW
    • Streamline the grant application and evaluation process to increase consistency, transparency, objectivity, and efficiency
    • Revise the grant application process to authorize electronic submittals
    • Update grant administration requirements
    • Align Chapter 173-321 WAC to current program needs.

    Ecology will periodically update these web pages to provide up-to-date information about this rulemaking. We will notify interested parties through the agency email listserv (WAC Track), a Waste 2 Resources ListServ specifically established for the Public Participation Grants program. We will e-mail contacts identified in our grants-related database and those identified by grants staff. We will publish notice in the Washington State Register as we move through the process. To learn more about how to contact Ecology and participate in the process, please visit our public involvement page.

    ADDITIONAL RULE INFORMATION

     

     

    Regarding 173-321 WAC, PUBLIC PARTICIPATION GRANTS

    Granted, I have been publicly participating, criticizing, objecting, commenting and tracking Ecology’s, WA State DOE Environmental WAC-ING for years.  I do investigative documentation and reporting on my website. I have been signed up for Ecology’s WAC Track for years, receiving, reading hundreds of pages,  investigating and documenting, posting, commenting and disseminating information on  one proposed WAC after another WAC….

    This was my published opinion on Apr 15, 2013,  and I’m sticking with it. period

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecology-sucks/

    APR 15, 2013 – “Ecology Sucks” And, the rest of the story. The local news papers did report that I said it. WHAT THE LOCAL NEWSPAPERS DID NOT REPORT …

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    Behind My Back | Ecology’s Expedited Rule Making?

    www.behindmyback.org/2014/06/26/ecologys-expedited-rule-making/

    JUN 26, 2014 – Washington Department of Ecology AO #14-01 NOTICE THIS RULE REPEAL IS BEING PROPOSED UNDER AN EXPEDITED RULE- MAKING …

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    MY ONE RIGHT TO OBJECT TO ECOLOGY’S EXPEDITED RULE MAKING

    Behind My Back | A Thousand Wrongs? One Right?

    www.behindmyback.org/2014/09/17/2757/

    SEP 17, 2014 – OK, so what’s WRONG with that? We the people, have every RIGHT to make a THOUSAND public objections and comments. So what’s …

     “One right doesn’t remedy a thousand wrongs.’

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    WHAT IS VAGUENESS AND OVERBREADTH?

     BEST GUESS OBAMACARE….

     RELATED TO THE OVERBREADTH DOCTRINE IS THE DOCTRINE OF VAGUENESS. THE VAGUENESS DOCTRINE, AN ASPECT OF THE DUE PROCESS REQUIREMENT OF NOTICE, HOLDS THAT A LAW IS FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION.”

    The bottom line….

    WHAT IS VAGUENESS AND OVERBREADTH, deserves another posting on my website.


  • 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

    —————————————————————

    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.
    ——————————————————
    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
    ————————————————————-
     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/.

    ————————————————

    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.

    ——————————————————

    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.

    ———————————————————————

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

    HOW HORRIBLE IS THAT….

    ——————————————-

    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…

  • Pruitt Draining the EPA Swamp?

    Feb 19, 2017 The good news is….  PRUITT HAS BEEN SWORN IN

    (And according to Reuters)    THE REAL FRENZY WILL BEGIN.

    ——————————————————————————–

    BY DEFINITION THE REAL FRENZY STARTED THE DAY DONALD J. TRUMP ANNOUNCED HE WAS RUNNING FOR PRESIDENT … AND HAS INTENSIFIED EVERYDAY SINCE JUNE 16, 2015

    A REAL FRENZY INDEED…..

    A temporary madness, in a rage amounting to a FRENZY

    A violent mental or emotional agitation

    Almost weeping in a FRENZY of anxiety …

    Intense usually wild and often disorderly compulsive or agitated activity

    The mob chanted itself into a FRENZY extreme mental agitation

    Wild excitement or derangement.

    A fit or spell of violent mental excitement

     A paroxysm characteristic of or resulting from a mania

    According to Reuters? NEXT WEEK THE REAL FRENZY WILL BEGIN?

    But next week, once Pruitt is sworn in, the real frenzy will begin. According to Reuters, President Donald Trump plans to sign between two and five environmental executive orders aimed at the EPA and possibly the State Department.

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    Fox News, Sen. John Barrasoso, January 17, 2017

    Sen. Barrasso: For 8 years the EPA has made life hard for too many Americans. That’s about to change
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    Sen. John Barrasso penned an op-ed noting how the outgoing administration’s EPA “THE  EPA HAS ABUSED AND ATTACKED FAR TOO MANY HARD-WORKING AMERICAN FAMILIES According to Barrasso, “President-elect Trump has vowed that his administration will overturn two federal regulations for every new one it proposes.

    The administrator of the EPA Scott Pruitt, will play a vital role in keeping that promise

    ABUSE AND ATTACK,  PART AND PARCEL, OF THE EPA REIGN OF TERROR AND TYRANNY

    Scott Pruitt Will End Obama’s EPA Tyranny – The PolitiStick

    politistick.com/pruitt-heads-epa-leftist-slavery-ended/

    Jan 16, 2017 – Obama used the EPA as his personal hit squad. … Ending leftist government bullying will spark a new era of American prosperity – investors risking …. disasters that have plagued america during Ojackasses reign of terror.

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    Behind My Back | End the EPA Reign of Terror?

    www.behindmyback.org/category/end-the-epareign-of-terror/

    TRUMP FREEZES EPA Grants and Contracts. Trump moved to block implementation of at least 30 environmental rules finalized in the closing months of …

    WHY WOULD ANY AMERICA CITIZEN CONSIDER CRUCIFIXION BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO BE TERROR? 

    This kind of bullying and intimidation of Americans by a federal agency must be shut down.

    —————————————————————————————-
    CRUCIFIXION BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA)
    JUN 29, 2012 – TWO MONTHS AFTER (OBAMA’S APPOINTED) EPA’S “WE CRUCIFY THEM” AL ARMENDARIZ REGION VI ADMINISTRATOR RESIGNED THE SIERRA CLUB HIRED HIM.  TAKING AL ARMENDARIZ’S  SAME EPA “PHILOSOPHY OF CRUCIFIXION ENFORCEMENT” BY  TO THE SIERRA CLUB.

    Ken Kramer, Director of the Lone Star Chapter of the Sierra Club, emailed the following statement “The resignation of Dr. Al Armendariz as Region 6 EPA administrator is a major loss for Texas. He brought a breath of fresh air – literally and figuratively – to Texas in his vigorous enforcement of the federal Clean Air Act. . Dr. Armendariz was one of the best Region 6 EPA administrators who have served since the post was created in the 1970s.

    YEP, EPA ENFORCEMENT BY CRUCIFIXION  IS LITERALLY AND FIGURATIVELY A VIGOROUS TERROR BULLYING AND INTIMIDATION OF AMERICANS BY A FEDERAL AGENCY.

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    Feb 19, 2017 

    Scott Pruitt Confirmed and Sworn in as EPA Administrator | U.S. EPA …

    https://www.epa.gov/newsreleases/scottpruitt-confirmed-and-swornepaadministrator

    AL ARMENDARIZ WAS THE EPA REGION 6 ADMINISTRATOR APPOINTED BY OBAMA.

    EPA Administrator Scott Pruitt Draining the EPA Swamp?

    A huge task considering how many Obama appointed EPA leftovers are still in place, according to their personal biography’s, below.

    Check them out….. You decided

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    Current EPA Leadership

    EPA is headed by an Administrator, who is supported by a Deputy, five Associate, twelve Assistant, and ten Regional Administrators. You can find information below about key EPA leaders in these offices:


    EPA Administrator

    Deputy Administrator

    Mike Flynn

    Acting Deputy Administrator Mike Flynn

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    Assistant Administrators

    Office of Administration and Resource Management (OARM)

    Donna Vizian

    Acting Assistant Administrator Donna Vizian

    Office of Air and Radiation (OAR)

    Sarah Dunham

    Acting Assistant Administrator Sarah Dunham

    Office of Chemical Safety and Pollution Prevention (OCSPP)

    Wendy Cleland-Hamnett

    Acting Assistant Administator Wendy Cleland-Hamnett

    Office of the Chief Financial Officer (OCFO)

    David Bloom

    Acting Chief Financial Officer David Bloom

    Office of Enforcement and Compliance Assurance (OECA)

    Larry Starfield

    Acting Assistant Administrator Lawrence Starfield

    Office of Environmental Information (OEI)

    Steve Fine

    Steven Fine, Acting Chief Information Officer

    Office of General Counsel (OGC)

    Kevin Minoli

    Acting General Counsel Kevin S. Minoli

    Office of the Inspector General (OIG)

    Arthur Elkins

    Inspector General Arthur A. Elkins, Jr.

    Office of International and Tribal Affairs (OITA)

    Jane Nishida

    Acting Assistant Administrator Jane Nishida

    Office of Land and Emergency Management (OLEM)

    Barry Breen

    Acting Assistant Administrator Barry Breen

    Office of Research and Development (ORD)

    Robert Kavlock

    Acting Assistant Administrator Robert Kavlock

    Office of Water (OW)

    Mike Shapiro

    Acting Assistant Administrator Michael Shapiro

    Regional Administrators

    Region 1 (Boston, MA – Serving CT, ME, MA, NH, RI, and VT)

    Deborah Szaro

    Acting Regional Administrator Deborah Szaro

    Region 2 (New York, NY – Serving NJ, NY, Puerto Rico, and the U.S. Virgin Islands)

    Walter Mugdan

    Acting Regional Administrator Walter Mugdan

    Region 3 (Philadelphia, PA – Serving DE, DC, MD, PA, VA, and WV)

    Cecil Rodrigues

    Acting Regional Administrator Cecil A. Rodrigues

    Region 4 (Atlanta, GA – Serving AL, FL, GA, KY, MS, NC, SC, and TN)

    Anne Heard

    Acting Regional Administrator Anne Heard

    Region 5 (Chicago, IL – Serving IL, IN, MI, MN, OH, and WI)

    Robert A. Kaplan

    Acting Regional Administrator Robert A. Kaplan

    Region 6 (Dallas, TX – Serving AR, LA, NM, OK, and TX)

    Samuel Coleman

    Acting Regional Administrator Samuel Coleman

    Region 7 (Kansas City, KS – Serving IA, KS, MO, and NE)

    Edward Chu

    Acting Regional Administrator Edward H. Chu

    Region 8 (Denver, CO – Serving CO, MT, ND, SD, UT, and WY)

    Deb Thomas

    Acting Regional Administrator Debra Thomas

    Region 9 (San Francisco, CA – Serving AZ, CA, HI, NV, Pacific islands, and 148 tribes)

    Alexis Strauss

    Acting Regional Administrator Alexis Strauss

    Region 10 (Seattle, WA – Serving AK, ID, OR, WA and 271 native tribes)

    Michelle Pirzadeh

    Acting Regional Administrator Michelle Pirzadeh

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    Associate Administrators

    Office of Congressional and Intergovernmental Relations (OCIR)

    Robin Richardson

    Acting Associate Administrator Robin Richardson

    Office of Homeland Security (OHS)

    David Kling

    Associate Adminstrator David J. Kling

    Office of Policy (OP)

    Shannon Kenny

    Acting Associate Administrator Shannon Kenny

    Office of Public Affairs (OPA)

    George Hull

    Acting Associate Administrator George Hull

    Office of Public Engagement and Environmental Education (OPEEE)

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    Key Staff in the Office of the Administrator

    Acting Chief of Staff John Reeder

    Photo Not Available

    Director of the Office of Administrative and

    Executive Services Reginald E. Allen

    Ruth Etzel

    Director of the Office of Children’s Health Protection

    Dr. Ruth A. Etzel, M.D., Ph.D.

    Photo Not Available

    Acting Director of the Office of Civil Rights Lilian Dorka

    Photo Not Available

    Director of the Office of the Executive Secretariat Brian Hope

    Chris Zarba

    Director of the Science Advisory Board

    Staff Office Christopher Zarba

    Picture of Denise Benjamin Sirmons

    Director of the Office of Small and Disadvantaged

    Business Utilization Denise Benjamin-Sirmons

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