Tens of Thousands Unknowingly Lose Their Property Rights, Did You?

News Event / published 11-25-2016 Todays between the lines report.

The illegal overreach of Obama, and the EPA on the illegal expansion of WOTUS impacts everyone in every state, not just Standing Rock ND. 

A recently-published report by the Senate Committee on Environment and Public Works notes the final rule allowed for the agencies to broadly claim jurisdiction, including for puddles, tire ruts, sheet flow, and standing water. Under the new rule, these features reclassified as “disturbed wetlands” and regulated by the EPA. Further, if farmers change their land use from one form of agriculture to another, such as from crops to grazing, this can be considered a “new use,” rendering certain farmers vulnerable to losing their agricultural exemption.

 

The final rule also created an arbitrary standard whereby waters within 4,000 feet from any jurisdictional water would be covered.  The rule states; [W]aters within the 100-year floodplain of a traditional navigable water, interstate water, or the territorial seas and waters within 4,000 feet of the high tide line or the ordinary high water mark of a traditional navigable water, interstate water, the territorial seas, impoundments, or covered tributary are subject to case-specific significant nexus determinations.

So, this puts thousands of land owners in the same boat as Standing Rock ND, because the new 4,000 feet rule puts it into their back yard, as it dose for thousands throughout the U.S. and it was all done illegally through executive overreach.

 The Army Corp of Engineers, "did not" go along with this new WOTUS. You need to read the full report. We are all being lied to about that. The U.S. Army Corps of Engineers, which shares jurisdiction over the Clean Water Act, was cut out of the WOTUS rule development process. 

Regulatory staff at the Corps also agreed with the need for an EIS environmental impact statement. When Smith recommended an EIS, he was removed from his duties on WOTUS, and replaced by someone who had no previous experience on WOTUS waters of the United States, and who “essentially started from scratch.” Smith’s replacement recommended a FONSI, which Assistant Secretary Darcy adopted.  

[ A FONSI is issued when environmental analysis and interagency review during the EA process find a project to have no significant impacts on the quality of the environment. The FONSI document is the EA modified to reflect all applicable comments and responses. If it was not done in the EA, the FONSI must include the project sponsor's recommendation or selected alternative. No formal public circulation of the FONSI is required, but the state clearinghouse must be notified of the availability of the FONSI. In addition, FHWA recommends that the public be notified through notices in local newspapers.]   Keep in mind, a legal "impact study" was never done!

A short brief of The House Oversight Committee findings on WOTUS;

 

  • The agencies pushed the rule through on an accelerated timeline that appeared to have been motivated by political considerations. Some officials involved in the process believed politics deprived them the opportunity to conduct a meaningful and full review of the rule before its promulgation. Interagency reviewers and the White House were not provided the full rule package for review.

     The U.S. Army Corps of Engineers, which shares jurisdiction over the Clean Water Act, was cut out of the rule development process. 

    The EPA made no effort to ensure the rule was based on sound science. The EPA did not conduct additional research (which the Corps believed was necessary) to justify the rule’s conclusions. OIRA enabled the agencies to proceed with the rule-making despite violation of its own Information Quality standards. 

    The agencies did not consider alternatives to the rule, and even went so far as to gut the discussion of alternatives after OIRA stated such discussion was necessary. 

    The Army went to unusual lengths to avoid completing an Environmental Impact Statement after its own experts recommended such an analysis was necessary, in violation of NEPA. The Army pulled its primary WOTUS staffer off the rule entirely and retaliated against him after he recommended to conduct the analysis. 

    Disagreement over the EPA’s interpretation of the costs of the rule and its impact on small businesses continued throughout the rule-making. OIRA and the EPA intentionally avoided compliance with the Regulatory Flexibility Act (RFA) and Small Business Regulatory Enforcement Fairness Act (SBREFA). The agencies construed the rule-making as “definitional” to avoid the EPA’s obligations under the RFA, altogether. 

    Public comments were not fully reviewed and considered before agencies drafted the final rule. The agencies contrived a unique process for considering and responding to public comments, despite arguments from Army Corps and EPA staff in favor of including such responses in the rule’s preamble, as is customary. 

    The agencies failed to comply with various rule-making obligations, including Executive Orders requiring consultation with states and local governments and tribes. 

Complete details covered in the next two comment sections below. Urged to read it. Allot to read but you need to know all the facts because it effects everyone, in every state. Not just Standing Rock ND.

The Honesty Broadcasting Network is committed to the Positive, no mater how negative.

Editor: Thomas Pugh   http://politicianreviews.com/politicians/thomas-pugh/

Advertisement

Comments 2

  1. Profile photo of Thomas Pugh

    Urgent News Event / published 11-24-2016 Todays between the lines report.

    First; Honesty News e-mailed a copy of this edition to the Standing Rock Sioux Tribe, also the Governor of North Dakota, we can only hope it helps in their fight against an illegal invasion from this administration. Everyones help is very much needed by sending / flooding the North Dakota Governor with the Oversight Committees Reports in the links within this article, to make aware, that we know what the administration is doing, is based on illegal changes. Law Enforcement activity, and Pipeline activity needs halted immediately.

    The Oversight Committee Report Found Politicizing of the WOTUS Rule-making!

    Findings reveal administration cut corners to expedite the rule. Dakota Pipeline Issues Predetermined?

    One of many issues; The agencies failed to comply with various rule-making obligations, including Executive Orders requiring consultation with states and local governments and tribes.

    WASHINGTON, D.C. – House Oversight and Government Reform Committee released a staff report detailing findings from its two-year investigation into the Waters of the United States (WOTUS) rulemaking process. The report shows how pressure from the White House and the Environmental Protection Agency (EPA) led to a rulemaking that was a case study in illegal shortcuts, predetermined conclusions, and politically motivated timelines.

    Committee Chairman Jason Chaffetz (R-UT) issued the following statement regarding the report:

    “WOTUS was a doomed rule out of the gate. The Obama administration prioritized politics over policy by rushing through a legally and scientifically deficient rule. This report illustrates the many ways in which the White House and EPA abused their authority to advance one of their top regulatory priorities.”

    Background:

    The Clean Water Act (CWA) passed in 1972 gave the federal government limited jurisdiction over certain navigable waters. On May 27, 2015, the administration announced an agency rule to clarify CWA, which significantly increased the federal government’s jurisdiction.

    During the 114th Congress, the Oversight Committee held multiple hearings in 2015 (February 26, March 3) and 2016 (January 7, March 15, April 19, June 23) related to the WOTUS rule.

    Key findings from the report include (found on p. 10):

    The agencies pushed the rule through on an accelerated timeline that appeared to have been motivated by political considerations. Some officials involved in the process believed politics deprived them the opportunity to conduct a meaningful and full review of the rule before its promulgation.

    The U.S. Army Corps of Engineers (Corps), which shares jurisdiction over CWA, was cut out of the rule development process.
    The EPA made no effort to ensure the rule was based on sound science. The EPA did not conduct additional research (which the Corps believed was necessary) to justify the rule’s conclusions.
    The agencies did not consider alternatives to the rule, and even went so far as to gut the discussion of alternatives after the Office of Information and Regulatory Affairs (OIRA) stated such discussion was necessary.
    The agencies went to unusual and unprecedented lengths to avoid compliance with the National Environmental Protection Act, the Regulatory Flexibility Act, and Small Business Regulatory Enforcement Fairness Act.
    The Honesty Broadcasting Network is committed to the Positive, no mater how negative.

    Editor: Thomas Pugh http://politicianreviews.com/politicians/thomas-pugh/

  2. Profile photo of Thomas Pugh

    Update News Event / published 11-24-2016 Todays between the lines report.
    UPDATE; Standing Rock, Dakota Pipeline, White House & EPA Illegally Abused Authority!

    BACKGROUND ON THE DAKOTA ACCESS PIPELINE

    The Standing Rock Sioux Indian Reservation is home to Dakota and Lakota people of the Standing Rock Sioux Tribe. Since time immemorial, they have lived and governed a vast territory throughout North and South Dakota, and parts of Montana, Wyoming, Minnesota, Iowa and Nebraska. Currently, the Tribe is located in central North and South Dakota.

    Despite strong objections from the Tribe from the first time they heard of the project, on July 25, 2016, the U.S Army Corps of Engineers granted authorization to the Dakota Access Pipeline to cross Lake Oahe as part of the construction of a 1,100 mile pipeline that is proposed to carry over a half-million barrels of Bakken crude oil to Illinois and across four states. The current route of construction takes the pipeline less than one half mile from the Tribe’s reservation border, and thus the Tribe maintains a sovereign interest in protecting its cultural resources and patrimony that remain with the land. In addition, all along the route of the pipeline are sites of religious and cultural significance to our people – including burial sites of our ancestors. The pipeline would cross the Tribe’s traditional and ancestral lands and the construction of the pipeline jeopardizes many sacred places. But, while federal law requires meaningful consultation with the Tribe on these matters, that has not happened here. The Tribe opposes DAPL because we must honor our ancestors and protect our sacred sites and our precious waters.

    Initially, Dakota Access considered two possible routes of construction: a northern route near Bismarck, and the southern route taking the pipeline to the border of the Standing Rock reservation. Federal law requires the U.S. Army Corps of Engineers to review—and ultimately deny or grant—Dakota Access’ application for the necessary permits to construct the pipeline because the southern route takes the pipeline across the Missouri River and Lake Oahe, implicating lands and water under federal jurisdiction.

    In the initial environmental assessment, the maps utilized by Dakota Access—and reviewed and incorporated by the Army Corps—did not indicate that the Tribe’s lands were within one half mile of the proposed crossing of Lake Oahe. Furthermore, the company selected this route because the route to the north would be near and could jeopardize the drinking water of the residents in the city of Bismarck. The company’s initial draft environmental assessment of December 9, 2015 made no mention of the fact that the route they chose brings the pipeline near, and could jeopardize, the drinking water of the Tribe and its citizens. It actually omitted the very existence of the tribe on all maps and any analysis, in direct violation of the US environmental justice policies.

    The Standing Rock Sioux Tribe has been actively opposing the permitting and construction of the Dakota Access Pipeline since the Tribe first learned of the proposal in 2014 and the pipeline’s proposed construction. The Tribe has voiced its strong opposition to the company, to the federal government, to Congress, and to the State. Yet, the Tribe’s plea was ignored and instead the US sided with the project developer. From the beginning, the Tribe’s Tribal Historic Preservation Office requested tribal consultation, but their requests were never fulfilled.

    The Tribe continued its efforts to engage as many decision-makers as possible and actively oppose the Dakota Access Pipeline. The Tribe submitted several sets of detailed comments to the Corps, met with high level officials in Washington, DC, and communicated on numerous occasions with the North Dakota Congressional delegation over the past few months. The Tribe specifically met with numerous federal agencies to discuss the harm imposed by the pipeline, including: the Environmental Protection Agency, the Department of the Interior, and the Advisory Council on Historic Preservation. All three agencies subsequently wrote letters to the Army Corps expressing environmental and cultural resource concerns related to the pipeline.

    The Tribe has filed litigation in federal court in the District of Columbia to challenge the actions of the Corps of Engineers regarding the Dakota Access pipeline. Basically, this is a suit to enforce their federally protected rights and interests. The Corps has failed to follow the law – both regarding the risk of oil spills and the protection of their sacred places. The Tribe is seeking a preliminary injunction to undo the Corps’ approval of the pipeline, and there will be a hearing before the Judge on August 24. The Cheyenne River Sioux Tribe has asked to join the lawsuit, and other tribes may also be joining.

    Separately, tribal citizens have begun a camp called the Sacred Stone Camp. The Tribe continues to stress the importance of handling this matter in the right way, which means that non-violence must be the guiding principle at all times. And, the Tribe will do all it can so that the safety of everyone involved is safeguarded and protected.

    In addition, Standing Rock youth ages 6 – 25 from the reservation vowed to run to Washington, DC to deliver a petition with 160,000 signatures on change.org opposing the pipeline to the President of the United States. After running for 2,200 miles, they were only able to meet with Army Corps officials, and held several rallies along the way. They returned to the reservation on August 10, 2016.

    Several Tribes have passed resolutions in support of Standing Rock, including the Cheyenne River Sioux Tribe, Crow Creek Tribe, the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and others.

    The Honesty Broadcasting Network is committed to the Positive, no mater how negative.

    Editor: Thomas Pugh http://politicianreviews.com/politicians/thomas-pugh/

Leave a Reply

Your email address will not be published. Required fields are marked *

nine + 14 =

Copyright 2015 Politician Reviews