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Posts Tagged ‘Environmental Protection Agency’

In some recent polling data, most Americans expressed a negative view of the federal government, with many of them in another poll saying it poses an “immediate threat to citizens.”

That probably sounds extreme to some people, but this story about IRS abuse should be enough to convince any normal person the the federal government is despicable.

For another example, let’s look at a case involving the thugs at the Environmental Protection Agency (EPA). This Reason TV video provides the background.

This is a horrifying video to watch. Anybody with a shred of decency should be outraged.

Fortunately, all nine Supreme Court Justices sided with the property owners. I don’t know if they were outraged, but they made the right legal decision. The Wall Street Journal opined about the outcome.

These are hard times for economic liberty, but the Supreme Court on Wednesday offered a modest reason to hope. In a 9-0 ruling, they concluded that the Environmental Protection Agency can’t terrorize Americans via regulation without allowing them a day in court. …The case landed at the High Court after the Sacketts tried to appeal the wetlands designation. But the EPA refused to grant a review or lookback hearing, because an appeals process isn’t explicitly required by the Clean Water Act. Only after the EPA moved to enforce the compliance order would the Sacketts get their day in court. The EPA almost never needs to enforce, however, because disobeying a compliance order—even one that is later overturned—is legal proof in its mind of “willfulness” or a tacit admission of guilt. The only way to defend yourself is to break the law and therefore invite even higher penalties. The Sacketts claimed this Star Chamber violates their due process rights. …Congress ought to amend the Clean Water Act to make the law’s jurisdiction clearer. Meantime, the ordeal of the Sacketts shows once again how this agency with a $10 billion budget and 17,000 agents has become a regulatory tyranny for millions of law-abiding Americans.

Sadly, the decision still leaves the EPA thugs with too much power for discretionary abuse, as Brian Garst notes.

We’ve still got a long way to go to restore basic property rights in this country, and the Sackett’s still have to fight the EPA on the merits of the case as they seek to disprove the claim that their own property is a “wetland,” much less a “navigable water” of which the Act supposedly deals, despite having no water. But at least now they have their Constitutional due process rights recognized, so that they may challenge EPA’s jack-booted thugs in court without first having to rack up millions in fines waiting for EPA to allow them to do so.

But let’s enjoy at least a partial victory. I’m smiling today at the thought of unhappy bureaucrats at the EPA.

Last but not least, I want to acknowledge that government thuggery is not limited to the federal government in Washington.

Gee, do you detect a pattern?

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U.S. News & World Report notes that the Environmental Protection Agency has rejected a scheme from left-wing organizations to ban the use of ammunition containing lead. This is a welcome decision, particularly since the EPA is a very radical organization that traditionally is willing to bend the law to advance ideological goals (proposing carbon dioxide regulations to push the global warming agenda through the back door, for instance, as well as regulating swampy land even though its jurisdiction applies only to navigable waterways). Kudos to the National Rifle Association and other groups that flexed enough muscle to scare off the bureaucrats at the EPA.

In a swift and unexpected decision, the Environmental Protection Agency today rejected a petition from environmental groups to ban the use of lead in bullets and shotgun shells, claiming it doesn’t have jurisdiction to weigh on the controversial Second Amendment issue. The decision came just hours after the Drudge Report posted stories from Washington Whispers and the Weekly Standard about how gun groups were fighting the lead bullet ban. The EPA had planned to solicit public responses to the petition for two months, but this afternoon issued a statement rejecting a 100-page request from the Center for Biological Diversity, the American Bird Conservancy, and three other groups for a ban on lead bullets, shot, and fishing sinkers. The agency is still considering what to do about sinkers. The decision was a huge victory for the National Rifle Association which just seven days ago asked that the EPA reject the petition, suggesting that it was a back door attempt to limit hunting and impose gun control. It also was a politically savvy move to take gun control off the table as the Democrats ready for a very difficult midterm election.

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