EPA’s proposed rule to drop the word “navigable” and redefine the “waters of the United States” (WOTUS) to include every occasionally damp ditch and puddle in the nation is a land grab of epic proportions.
Few outrages perpetrated by President Obama’s Environmental Protection Agency can match its proposed rule titled “Definition of ‘Waters of the United States’ Under the Clean Water Act.” It would remove “navigable” from American water law and take federal command of all “waters of the United States,” or WOTUS.
It redefines “waters” as nearly everything that could get wet, including most of the land in America.
Under WOTUS, every seasonal stream bed, puddle and ditch in the nation would be ruled by the EPA and the Army Corps of Engineers’ armed enforcers, bypassing Congress and sidestepping the U.S. Supreme Court in the process. Congress is helpless to stop it — EPA-loving Democrats have a death grip on Senate bills and there aren’t the votes to override Obama’s certain veto. The Supreme Court has twice struck down major pieces of the proposed rule, which the EPA blithely ignored and merely changed the words, hired scientific shills to patch over the flaws, and created this new battering ram to shatter the gates that guard America’s property rights.
EPA has been buying support from Big Green groups on water issues since at least 1994, which came to light in an inspector general report of three cooperative agreements to the Natural Resources Defense Council totaling $3,260,467 for “storm water education” and “market transformation of energy efficient products” from 1994 to 2005.
The IG reported, “We questioned $1,419,548 of reported outlays because [NRDC] did not maintain the necessary documentation to fully support the reported costs, as required by Federal regulations.”
Big Green foundations have been lusting after WOTUS power since the late 1990s. Foundation Search shows 74 Clean Water Act grants totaling $5,261,449 since 2002, Barack Obama’s last year on the Joyce Foundation board (1994-2002). Joyce gave $220,000 in CWA-related grants, $100,000 of it to NRDC in 2002. NRDC received $705,000 in 13 CWA-related grants from four foundations.