16 State AGs File Suit to Block EPA Waters Rule

9 Comments on 16 State AGs File Suit to Block EPA Waters Rule

1. From time to time, I have been known to produce a yellow stream. Maybe the EPA would like to regulate that.

2. Sixteen state AGs? Very good!
   May the force be with them.

3. Good.
   Now do something about Eminent Domain.

4. It’s up to the states, not the federal government, to determine which waters are navigable.

   Navigable Waters

   Navigable waters are now defined by nearly all the courts, including the United States Supreme Court, as waters which are capable of being navigated, that is, navigable in fact. This definition is applicable to rivers and lakes.

   According to the federal test of navigability, which has been followed by most of the state courts, the question of navigability depends on whether the stream or body of water, in its natural state, is such that it affords a channel or highway for useful commerce and travel.

   However, State Courts and not U.S. Courts have the right to decide the question of the navigability of a stream within a state, and in the respect, the courts have disagreed very greatly as to what is to be considered “navigable waters” under the rule of a particular state.

   The question as to whether a stream, lake, or any other body is navigable is ordinarily one of fact, and is to be determined by inquiring whether it is used or is susceptible of being used for navigation purposes, with the burden of proof resting upon the party asserting it.

   The importance of “navigability” lies in the fact that the title to lands under navigable waters belongs to the state where the land is located.

5. You seem to be under the misapprehension that the rule of law still applies to the Obozo administration.

6. My birdbath is navigable to the little birdies. Do you suppose the EPA will take it over?

7. Not at all. You will never hear me refer to 0bama as president. I don’t recognize his authority, only the lack thereof.

   I do have a little understanding of the U.S. Public Land Survey System and the laws that pertain to it, and will abide by the rules that I already recognize as valid in my state. A state which is fighting this corrupt government’s power grab.

   Can’t see defining a puddle of water as navigable on a plat. That’s pure insanity.

8. No, but it could very well be under satellite observation. Let’s just say you’d better not get caught letting it go dry.

   🙂

9. What if it was due to global warming?