Another EPA is overstepping its boundaries thread

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candrpotts

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He dammed a Creek not a dry gully (He stopped the flow of water)
HE WILL LOOSE

the arguement can be made that IF he returned the flow of the creek after his pond filled (he included a spillway or overflow device), he hasn't impeded the waterbody. Discharge of his "dredged" material into a "water of the U.S." is another issue all together.
 

Riley

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the arguement can be made that IF he returned the flow of the creek after his pond filled (he included a spillway or overflow device), he hasn't impeded the waterbody. Discharge of his "dredged" material into a "water of the U.S." is another issue all together.


Didn't they get slapped by the Supremos already for this stuff? I seem to remember an Idaho home owner being given a similar working over that wound up in the home owners favor.

A bit of research refreshed my memory, that case established that people actually have the "right" to question them. Previously there was no recourse at all.

The specifics were a family bought property in a lakeside development, followed the rules, got the permits and began construction.

The EPA shows and declares their lot, "wet lands". Forget its surrounded by other lots and home with sewers, power etc.

Imagine, having to sue for the "right" to question an apparently arbitrary decision by the government.
 
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Riley

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Until the ruling in 2012, there was simply no recourse. The EPA, acting as the federal government, apparently trumped the locals. The overreach is the extreme interpretation of the clean water act. For other federal funnies, that aren't so funny, check out the application of the endangered species act and the delta smelt re it's impact on the ag industry in California.
 

ChuckC

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I did some work on a guys house in south Missouri that had created three ponds in a row kind of stepping down the valley where his house was by damming a small creek.
I commented on how cool they were to a local guy who was working with me and he said, " Yeah, he almost got his ass in a sling over that after the last dam busted and caused a little flash flood downstream"
He said while officials were out inspecting the property one of them noticed an eagle sitting in a tree nearby and pointed it out. The owner said " They have been nesting there for a couple of years now since I built the ponds" After that they told him he couldn't alter anything that would disturb the eagles.
Not sure how accurate this is coming from an alcoholic hillbilly but it was a good story.
 

3inSlugger

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With how obstinate this guy is, there's a possibility this could get nasty, even a Ruby Ridge situation if the government doesn't rule in his favor. So much BS that the fed can tell you what to do with your own land.
 

71buickfreak

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With how obstinate this guy is, there's a possibility this could get nasty, even a Ruby Ridge situation if the government doesn't rule in his favor. So much BS that the fed can tell you what to do with your own land.

It's not his land. Technically, they can just come and take it for the "greater good" anyway.
 

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