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The POTUS and the WOTUSWillis Eschenbach / 2 days ago. Here’s the backstory. The Environmental Protection Agency was originally created to clean up what at the time was a fairly dirty environment. And at first, it did good work, cleaning up our air and water.

However, once its job was mostly done, the usual governmental nonsense set in. Over the years, in true bureaucratic fashion, the EPA has expanded its jurisdiction. And at the same time it has become unbelievably corrupt, with the leaders in bed with environmental groups, cutting corrupt deals with them using secret and illegal email channels, and engaging in the vile “Sue And Settle” practice. Not only that, but they use “independent” scientific data that comes from groups on their payroll. That doesn’t even mention their immoral and illegal practice of exposing people to what they claim is “deadly” PM2. However, real science shows no such effect of PM 2. And as a result, out in the countryside where the regulatory rubber hits the road, the EPA has become one of the more hated branches of the US Government.

People can smell the rot from miles away. So with that as a backdrop, we come to the WOTUS question.

When the EPA was created, it was given jurisdiction over the “navigable waters” of the US. Now, that has a clear meaning that is defined by US Law, viz: CFR . A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity. Simple enough. That’s what Congress said the EPA had jurisdiction over. But noooo, the EPA decided that wasn’t enough for them.

So by bureaucratic fiat alone, they decided that their jurisdiction ALSO included all of the smaller streams and creeks, under the rubric that they were “connected to” the navigable waters . So the EPA put forth a regulation called the WOTUS rule, which extended the EPA’s already broad over- reach to include even ditches, seasonal ponds, and temporary wetlands. Basically, if you spit on your land, they could come and regulate it as part of the waters of the US. Now, does this have any effect within the great Democratic stronghold of the coastal cities? It means zip to a city dweller. But for a farmer in Nebraska or a rancher in Idaho, this change basically meant that the already- hated EPA could send a heavily armed agent on to their farm or ranch at any time, force them to change what they were doing, and arrest them and try them if they refused. And they were both very mad and very scared.