EPA Goes After Low-Income Farmers In Land Grab

(if this thread doesn't belong here please have a mod move it)

EPA Goes After Low-Income Farmers In Land Grab

The Supreme Court says the Clean Water Act is not a grant of federal control over every stream and depression in the nation. The Environmental Protection Agency says otherwise.

February 11, 2016 By Blake Hurst

Pendleton County, West Virginia, is home to 540 farms. The average farm in the county has a net income of around $45,000 a year. On either coast, that’s not an impressive income, but those farms are important to Pendleton County, where the median household income is $30,429.
...
At least some of those EPA employees have been thinking about farms in Pendleton County. The county is in the Chesapeake Bay watershed and, consequently, in the crosshairs of a massive and detailed EPA blueprint to alter the waters of the bay. The plan, an outgrowth of an executive order President Obama signed shortly after taking office, divides the Chesapeake watershed into thousands of small areas and prescribes pollution abatement goals for each of those areas.
...
Here Come the Federal Puddle Police

The American Farm Bureau filed suit against the EPA, arguing that its Chesapeake Bay plan exceeded the EPA’s authority under the Clean Water Act (CWA). The Third District Court found against AFB, and the case has been appealed to the Supreme Court. If the highest court in the land agrees to hear the appeal, they’ll surely do so with more than a little frustration, as environmental agencies have lost three times in similar Supreme Court cases since 2001. The highest court has consistently reminded the agencies that the Clean Water Act is not a grant of federal control over every stream and depression in the nation.
...

thefederalist.com...

Here is the gist of the problem. The EPA, and the Obama administration claim that every waterway in the nation, including seasonal waterways and natural runoffs, are protected under the Clean Water Act.

What this means is that according to the EPA and the Obama administration, anywhere where there is, or could be a water runoff, that area should be protected under the Clean Water Act. This would essentially put every arable land where there is runoff, even those that pass through private property, under the control of the United States government.

This essentially states that all land in the United States should be under the control of the government.

You might think, this is impossible, how could the Obama administration enforce this, more so since the Supreme Court has ruled time and again that the EPA and the Obama administration are wrong?

They don't care what the Supreme Court has stated and have continued to try to appeal this decision by the Supreme Court.

For example:

No. 13-4079

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT AMERICAN FARM BUREAU FEDERATION, et al.,
Plaintiffs-Appellants,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY,
Defendant-Appellee

On Appeal from the United States District Court For the Middle District of
Pennsylvania, No. 1:11-cv-00067 (Hon. Sylvia H. Rambo)

BRIEF OF CAMBRIA COUNTY, PENNSYLVANIA; CLEARFIELD COUNTY, PENNSYLVANIA; LANCASTER COUNTY, PENNSYLVANIA;
PERRY COUNTY, PENNSYLVANIA; TIOGA COUNTY, PENNSYLVANIA;HARDY COUNTY,WEST VIRGINIA;PENDLETON COUNTY, WEST VIRGINIA;
AND NEW CASTLE COUNTY, DELAWARE AS AMICI CURIAE IN SUPPORT OF REVERSAL
...
SUMMARY OF ARGUMENT

This appeal addresses the extent of EPA’s authority to establish TMDLs
under Section 303(d) of the CWA. TMDLs serve an incredibly important function
under the Act as an information tool for identifying how much pollutant load a
waterbody can assimilate and still meet water quality standards. But TMDLs must
be viewed in the context of the balance of power that Congress struck between the
federal government, on the one hand, the state and local governments, on the other.
This guiding principle of “cooperative federalism” imposes very real and very
important restrictions on how far EPA can go in dictating, through a TMDL, the
development and use of land and water resources at the state and local level. In this
particular case, Amici respectfully submit that EPA went too far.
...
Ninety percent of Cambria County drains into the Chesapeake Bay.
Most of the county’s rural land uses are subject to the Bay TMDL and will be affected by
EPA’s allocation of loading within and among these land uses. As a result of the
reductions compelled by the Bay TMDL, the County will be forced to make changes in these
land uses (e.g., taking agricultural lands out of production, limiting resource production activities,
and perhaps even banning some development activities).
...
The County has determined that between 1,302 to 7,420 acres would have to be taken out of
agricultural production because of these reductions and new buffer requirements under the
Bay TMDL. The impact of these EPA-imposed obligations will be felt by the County in lost
tax revenues, directly affecting local schools and other core municipal services.
...
Tioga County, Pennsylvania is 1,137 square miles (727,800 acres) and supports a population
of 42,577. The County is rural with a primary focus on agriculture.
Croplands occupy over 18% of total lands. All of Tioga County drains into the Chesapeake
Bay Watershed.
...
Like the affected Amici in Pennsylvania, Amici Hardy County and Pendleton County
in West Virginia have been burdened by the Bay TMDL and their state’s EPA-controlled WIP.
In West Virginia, EPA determined that even though the state’s final Phase I WIP included some
improvements in the agriculture sector (for example, poultry litter transport, targeted Nutrient
Management Plans in high nitrogen-loading counties, and stream fencing), those improvements
were not enough to meet EPA’s approval standards.
...
Id. Specifically, EPA shifted 75% of West Virginia’s Animal Feeding Operation load into the WLA and assumed
full implementation of barnyard runoff control, waste management, and mortality composting practices.
...

www.freshlawblog.com...

So, essentially the EPA, and the Obama administration are slowly, but surely trying to take control of all land, including private land, as long as
there is a runoff running through it. Whether or not it is a permanent runoff.

This is nothing but State control of all land, including private land.

a reply to: ElectricUniverse

It is a horrible overreach by the criminal Federal Government and the EPA. It is all part of removing the rights of private property ownership and the implementation of U.N. Agenda 21.

Bundyism....obviously.....

originally posted by: Metallicus

It is a horrible overreach by the criminal Federal Government and the EPA. It is all part of removing the rights of private property ownership and the implementation of U.N. Agenda 21.

You are right. This is to implement Agenda 21, the same one a lot of people claim doesn't exist. The Obama administration, and the EPA are trying to take all land, including private land under State control.

These farmers have a median net income of $45,000 a year. They don't have the unlimited amount of money the Obama administration and the EPA have. For how long can farmers fight this?

Welcome to socialism.

When the state owns the means of production ... including the land food is produced on ... then explain to me how we are not marching toward communism?

Oh, and just so someone who reads this thread should wonder ... only 5 justices on the SCOTUS are standing between us and this.

Think very long and hard about whom you vote for in November. Do you think Bernie will be against this, or appoint SCOTUS justices who would stop this?

I know there is one member on here that supports Bernie and brags about how he's self-sufficient on his small farm. I hope he reads this.

The continuing onslaught of the Cultural Marxism Doctrine.

Massive authoritarian polices always fail.

People need to wake up....fast.

yes 6 months ago the farm and ranch....T V channel had special.....the epa controls every puddle that holds water ever for any reason.....

a reply to: ElectricUniverse

Laws in the USA are not compatible with liberty or the pursuit of happiness. They may have been at some point, but not today.
These here laws are enforced with more firepower than the British had during the old revolution, but then again Fortune favours the bold. Remote controlled killbots belong to the hackest.

That's about the stupidest thing I have ever heard.

What passes for 'clean' water is water that has been process via chemicals, and other nonsense.

Runoff is about unclean as it gets.

In fact is the the motion of that water that cleans it the 'green' way.

It's why they say if you drink from a stream make sure it's one that is running, and not stagnant.

and EPA over reach.

Something needs to be done about that gestapo agency.

But remember folks ... The Bundys were the real villains all along ...

The box is getting smaller as more people get steamrolled by the giant octopus ........
Its gonna get so crowded that they will eventually break out...
When they do look out...

a reply to: ElectricUniverse

Welcome to socialism.

Pretty much.

All the water in this country belongs to the state.

Then their off to go put fluoride in it.

originally posted by: neo96
That's about the stupidest thing I have ever heard.

What passes for 'clean' water is water that has been process via chemicals, and other nonsense.

Runoff is about unclean as it gets.

In fact is the the motion of that water that cleans it the 'green' way.

It's why they say if you drink from a stream make sure it's one that is running, and not stagnant.

and EPA over reach.

Something needs to be done about that gestapo agency.

I agree but everytime someone wants to rane in their powers some ????? says oh no you gonna let the people destroy the environment ! Protect mother earth no matter how many people you kill and starve in the process..

Most farmers IMO protect their land.... where corporations tend to do whatever they want to include destroy and pollute..

U.S. Military is right up there when considering making the land unusable for generations.. Also the agenda 21 has been updated and has gotten more muscle with the now called agenda 30.. 2030 is the pumpkin date now for most of it's implication.

a reply to: ElectricUniverse

Maybe the government can appoint a Commissar to a farming area shared between groups of people, like a Collective.

This is not going to end. If Sanders gets elected, another socialist who believes all means of production should be owned and controlled by the State, this will continue until the State has control of all land, including private land.

Sanders' supporters, and other socialists don't understand this, or what it truly means.

Under the guise of for the common good/good of all and the planet dictatorships take control of every aspect of people's lives.

a reply to: 727Sky

I agree but everytime someone wants to rane in their powers some ????? says oh no you gonna let the people destroy the environment ! Protect mother earth no matter how many people you kill and starve in the process..

This is why the term is "watermelon." Green on the outside, red on the inside.

The communists went into the environmental movement instead of being openly communist because of the Cold War.

a reply to: ElectricUniverse

No, they don't get it at all. Remember all the comments from people on this board even about how the land the BLM manages is somehow "our" land and not the government's?

So your argument is farmers should be allowed to let leach as much toxic runoff from their farms into the local waterways as they wish without any regulation?

Algal Blooms and Dead Zones
www.cbf.org...

K~

a reply to: ElectricUniverse

This is not going to end. If Sanders gets elected, another socialist who believes all means of production should be owned and controlled by the State, this will continue until the State has control of all land, including private land.

That is a forgone conclusion.

From Sanders own website.

The scientists are virtually unanimous that climate change is real, is caused by human activity and is already causing devastating problems in the United States and around the world. And, they tell us, if we do not act boldly the situation will only become much worse in years to come in terms of drought, floods, extreme storms and acidification of the oceans. Sadly, we now have a Republican Party that is more concerned about protecting the profits of Exxon, BP and Shell and the coal industry than protecting the planet. While fossil fuel companies are raking in record profits, climate change ravages our planet and our people – all because the wealthiest industry in the history of our planet has bribed politicians into ignoring science.

berniesanders.com...

I guess Bernie hasn't been paying attention to the trillions those companies have lost since the fall of the price of oil per barrel.

And have lost trillions in stock value.

originally posted by: aethertek
So your argument is farmers should be allowed to let leach as much toxic runoff from their farms into the local waterways as they wish without any regulation?

Algal Blooms and Dead Zones
www.cbf.org...

K~

So, your argument is that since all land has some form of run-off that even private land should be controlled by the State and that no one can own any land?...

k...

All arable land will have a runoff that leads to some waterway... The solution is not complete State control... What you are advocating is that no one can own land, and only the government can own it and control all farmlands...

You actually think that the government will be able to stop all runoff from carrying fertilizer to waterways?...

Have you taken a look at China?... A socialist State that has control over all arable land?... Do you know how polluted rivers, lakes and all waterways are in China?...

www.koshland-science-museum.org...

Let me give you another example that I am very familiar with... Cuba... Cuba is a nation that also has total State control over all land. Farmers do no own land, and only the State can allow farmers to live in arable land and tend it. But the State takes 80% of all harvests without just compensation, and the State controls all prices (except the black market). The State can also at any moment tell a farmer and his family to move out of the land because it belongs to the government for the good of the people.

Do you know how polluted the water in Cuba is?... I know because in Cuba there are still relatives of mine, including two sisters, my only living grandmother, aunts, uncles, nieces, nephews, etc.

People in Cuba have to boil their water because it is very polluted. Because of this, and because they have had to boil water for decades, people in Cuba have a lot of kidney problems.

Tourists in Cuba buy bottle water that has been imported from other nations. But most Cubans don't make enough money, thanks to socialism, to buy bottled water...

That is what you want?...