Federal court rules a farmer plowing his land violates Clean Water Act
Fascists: A federal court has ruled that a farmer in California is violating the Clean Water Act by plowing his own property.
The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the implementing regulations state that plowing is never even subject to the Act, so long as it does not convert wetlands to dry land. Since no wetlands were lost or reduced in acreage by the plowing in this case, the court’s decision amounts to a rule that you may not plow in federally regulated wetlands without an Army Corps permit, the clear exemptions to the contrary notwithstanding.
The court also reversed an earlier ruling in the case and held that although the Corps ordered Duarte Nursery to halt all activity in any area of its property that could be considered waters of the U.S. on its property, the company did not suffer any deprivation of its property. On this basis, the court then ruled that Duarte Nursery’s due process rights have not been violated by being ordered not to farm its property for the last three years.
More here. Even though the Supreme Court has twice told the EPA and the Army Corp of Engineers that their interpretation of the Clean Water Act is wrong and overreaching, the agencies continue to use their interpretation to fine and restrict the actions of farmers and private property owners. In this case, they are forbidding a farming company from farming their property under Clean Water Act regulations, even though the law specifically exempts farming from Clean Water Act regulations and the Supreme Court has also ruled that interpretation of the law by these agencies is wrong.
What makes this worse is that a California federal court has agreed with the agencies, even though the Supreme Court has previously ruled otherwise. It is as if the lower federal court in California have decided they don’t need to follow the rulings of the higher court.
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Fascists: A federal court has ruled that a farmer in California is violating the Clean Water Act by plowing his own property.
The court ruled that the company violated the Clean Water Act by plowing its property, even though the Act exempts normal farming practices. And, the implementing regulations state that plowing is never even subject to the Act, so long as it does not convert wetlands to dry land. Since no wetlands were lost or reduced in acreage by the plowing in this case, the court’s decision amounts to a rule that you may not plow in federally regulated wetlands without an Army Corps permit, the clear exemptions to the contrary notwithstanding.
The court also reversed an earlier ruling in the case and held that although the Corps ordered Duarte Nursery to halt all activity in any area of its property that could be considered waters of the U.S. on its property, the company did not suffer any deprivation of its property. On this basis, the court then ruled that Duarte Nursery’s due process rights have not been violated by being ordered not to farm its property for the last three years.
More here. Even though the Supreme Court has twice told the EPA and the Army Corp of Engineers that their interpretation of the Clean Water Act is wrong and overreaching, the agencies continue to use their interpretation to fine and restrict the actions of farmers and private property owners. In this case, they are forbidding a farming company from farming their property under Clean Water Act regulations, even though the law specifically exempts farming from Clean Water Act regulations and the Supreme Court has also ruled that interpretation of the law by these agencies is wrong.
What makes this worse is that a California federal court has agreed with the agencies, even though the Supreme Court has previously ruled otherwise. It is as if the lower federal court in California have decided they don’t need to follow the rulings of the higher court.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
So because the feds think its a wetland, they can stop the plowing but because the feds think it isn’t a wetland, the farmer didn’t suffer and damages. Clear as mud.
I think they wrote a book about this, Catch 22.
What ever can be done to diminish America and Americans can, will and is being done with purpose and vigor under cover of the “legal” system specifically by this administration and the agencies that it controls.
The long term goal? America and the power instilled within it through its founding documents which result in freedom for its people, a powerful economy and a powerful military are contrary to the internationalist / Leftist agenda. And these internationalist / Leftist interests have taken over Americas education system and are teaching the “truths” of this intended new paradigm to the children who will one day seize the levers of power one day.
Let the next election for our country’s leadership demonstrate the peoples extreme displeasure with this current trajectory. All of these actions that seem to appear counter to our country’s interests really are counter to our interests, let no one tell you different.
What a sick and depraved message about the truth of our leadership, and the people who have ignorantly empowered it, to be compelled to write on this the 4th of July.
wodun:
Good cultural reference.
-For those less aware of our literature;
“Catch – 22 Explained”
https://youtu.be/5yeGMaT3PvI
As with any government worker.
They have set pay rates according to their position.
And they only get a raise if a position opens up above theirs and they can take it,
So if no one is dying and no one is leaving the only way to go up the ladder is to make the ladder taller, make your department larger. Then their will be more positions open above your present one. So now you have a chance of advancement.
Declair more waterways under your jurisdiction and you will need a larger staff and thus more bosses and higher ranked ones so everyone wins.
Every federal government office becomes a jobs program as soon as their original mandate is met.
And not a peep out of Mr. O to reign in an out of control Federal agency.
Pzat:
You make a very interesting and insightful observation which I agree with, government for governments sake can not be big enough, party affiliation at this point is not relevant, its all the same.
“The bureaucracy is expanding to meet the needs of the expanding bureaucracy.” — Oscar Wilde