https://www.americanthinker.com/articles/2024/06/an_out_of_control_administrative_state_turns_a_parking_lot_into_a_mine.html
Between the law and the nitty-gritty of its implementation stands the diabolical bureaucracy — without constitutional authority but with seemingly unquestionable powers to frame rules and regulations. Sometimes, bureaucratic decisions are downright absurd — such as, most recently, designating a parking lot a coal mine!
But before we get to how the Department of Labor’s Mine Safety and Health Administration (MSHA) wrested jurisdiction over a parking lot and ludicrously holds on despite legal reversals, let us run through some examples of arbitrary administrative overreach, an enduring problem over the last few decades:
The Environment Protection Agency (EPA) attempted to expand the definition of “waters of the United States” in the Clean Water Act to include wetlands on residential property. As a result, a landowner in Idaho was prevented from building a modest home on his property for 17 years until the Supreme Court ruled in his favor last year (Sackett v. EPA).
The National Marine Fisheries Service (NMFS) randomly decided that fishing operators should transport, house, and pay the salaries of federal inspectors who accompany them on trips to monitor compliance with fishing rules. Previously, the NMFS itself bore those costs, as would be reasonable.
The U.S. Fish and Wildlife Service (FWS) weaponized the Antiquities Act to increase the regulatory burden on ranchers and farmers, hinder normal agricultural operations, and seize land.
The National Oceanic and Atmospheric Administration (NOAA) overstepped its bounds by arbitrarily banning a popular tourist activity — swimming with dolphins — citing disturbances to dolphins and their habitats.
The latest victim to raise a voice against such administrative overreach is KC Transport, Inc., a family-owned company based in Virginia and West Virginia. The company parks, maintains, and repairs trucks; some occasionally haul coal.
In 2019, an MSHA inspector visited the company’s facility in Emmett, West Virginia, and cited the company for repairing two trucks without using blocks to secure the wheels. The inspector claimed that the company’s sporadic coal hauling brought it under MSHA’s jurisdiction and declared that the trucks and the parking lot constituted a coal mine.