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The EPA Pushes the Envelope, Again

A long train of abuses suggests an institutional culture that
sees the law as an impediment.

A. Barton Hinkle | January 9, 2013

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In accusing the Environmental Protection Agency of trying to regulate “water
itself as a pollutant,” Virginia Attorney General Ken Cuccinelli is
not showing an excess of exactitude. But his looseness is rhetorical and
harmless. The EPA’s is neither.

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Environmental
Protection Agency

Supreme Court

Regulation

Last week federal judge Liam O’Grady sided with Cuccinelli when he
ruled that the EPA had overstepped its bounds. As a measure of just how far the
EPA had overreached, note that Cuccinelli’s suit against the EPA was joined
by Fairfax County, led by Board of Supervisors chairman
Sharon Bulova.

Bulova, a Democrat, is nobody’s idea of an environmental menace. A longtime
advocate for commuter rail and mass transit, she started a Private Sector Energy
Task Force to increase energy efficiency, sustainability, and “green-collar”
jobs in the county.  Nevertheless, she and other county leaders objected
when the EPA tried to limit the amount of stormwater runoff into the
25-mile-long Accotink Creek, which empties into
the Potomac.  “When people talk about federal agencies running amok,
this is exactly what [that] looks like,” said GOP Supervisor John C. Cook in
July. “The EPA’s overreach is so extreme that the Democrats on the board
realized that, even in an election year, they had to do this for the
county.”

Concerned about sediment in the Accotink, the EPA had sought to
cut stormwater runoff nearly in half—a proposal that would have added
perhaps $200 million to the roughly $300 million cost of addressing sediment
itself.

But as O’Grady noted, while the EPA can regulate sediment, which is
considered a pollutant, it has no authority to regulate stormwater—which is
not.

The EPA claimed—notably, “with the support of Virginia[‘s Department of
Environmental Quality]”—that it could regulate stormwater as a proxy
for sediment itself, even though it had no legal authority to do so, because
nothing explicitly forbids it to do so. As Cuccinelli said, “logic like
that would lead the EPA to conclude that if Congress didn’t prohibit it from
invading Mexico, it had the authority to invade Mexico.”

Why would the EPA insist on regulating stormwater, which it has no
authority over, instead of simply regulating sediment? After all, it has written
rules for sediment literally thousands of times. That insistence makes no sense.
But it does look like part of a larger pattern.

Last spring, the Supreme Court ruled against the agency in the case of Mike
and Chantell Sackett. The Sacketts owned a piece of land, a
little larger than half an acre, in a growing lakefront development
in Idaho. They were building a vacation home on the spot when the EPA
declared it might be a wetland and ordered them to cease construction, and
restore the land to its prior state or face fines of up to $75,000 a day. The
agency decreed that the Sackettshad no right to challenge the order in
court.

The Supreme Court unanimously call that bunk. It’s not easy to get
Justices Antonin Scalia and Ruth Bader Ginsberg on the same page, but
the EPA managed to do so. The agency also drew the wrath of The Washington
Post, which editorialized that “The EPA Is Earning a Reputation
for Abuse.”  The editorial began by condemning the now-infamous remarks of
now-former EPA administrator Al Armendariz, who compared his enforcement
philosophy to Roman crucifixions: “They’d find the first five guys they saw and
they’d crucify them. And then, you know, that town was really easy to manage for
the next few years.”

Troubling stories about the EPA just keep piling up. In Texas, the
agency went after Range Resources Corp. for allegedly polluting two wells. The
company racked up more than $4 million in fees defending itself before
the EPA grudgingly admitted it had no proof Range Resources had contaminated
anything.

In July, the federal district court in D.C. ruled that the EPA had
overstepped its bounds regarding Appalachian coal operations. That ruling
followed another  concluding the EPA had no business revoking a
waste-disposal permit, issued by the Bush administration, for a West
Virginia mine.  Judge Amy Berman Jackson—an Obama
appointee—called the agency’s action “a stunning power for the EPA to arrogate
to itself,” and accused the agency of “magical thinking.”

With the possible exception of a few anarchist cells, nobody questions the
need for environmental regulation—or the EPA’s authority to enforce
environmental laws. But those objecting to the agency’s abuses—Bulova, Ginsberg,
The Washington Post, Judge Jackson—are hardly anarchists.
They aren’t even Republicans. That ought to ring warning bells; this isn’t just
a partisan vendetta. The EPA’s long train of abuses and usurpations suggests an
institutional culture that sees the law as an impediment, rather than a
guardrail. It also offers a reminder that those who wield power tend to push the
boundaries of their authority. They will succeed, too—unless others push
back.

A. Barton Hinkle is senior editorial writer and a columnist at the
Richmond Times-Dispatch.

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(49) | LEAVE
A COMMENT

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WTF| 1.9.13 @ 10:32AM |#

The EPA’s government's long train of
abuses and usurpations suggests, ... an institutional culture that sees the
law as an impediment, rather than a guardrail.

FIFY

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 12:18PM |#

Thank you....this author is one of the most ignorant I've ever come across.
The reason we even have an EPA is because of the long history of corporations
and the government breaking the law.
Thank you Richard Nixon for creating
the EPA and seeing the need to protect ourselves from corporate fascists who
gleefully destroy us all in the name of the almighty dollar.

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 12:30PM |#

And you are one of the more ignorant posters I have ever come across. And
unlike you, I don't use the word in a derogatory manner.

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 12:36PM |#

Thanks for your usual nonsensical reply.

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 12:57PM |#

I not a frequent poster, and I dont recognize your handle, so despite your
mischaracterization of my comment as 'nonsensical', your discription of it as
'usual' is patently false.

For your edification, let me explain to you that the original meaning of
'ignorant' was 'uneducated or unknowing'. It was meant to excuse a persons
misunderstandings because, for reasons that may not be their own fault, they
were unable to comprehend a complex subject.

You have used the word in a purely derogatory manner, basically calling the
author an idiot.

My post was meant to imply that you have misinterpreted the meaning of
WTF's post. Please don't take offence to me or the replies below. Hang out a
while and keep coming back. If you have an open mind you'll surely learn a
thing or two. But beware, the snark is thick in the comments.

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 1:05PM |#

Got it....so if you don't remember, it doesn't exist.
And I don't need
your help understanding other people's comments.
So you can stuff your
passive aggressiveness and mock friendliness.

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 1:11PM |#

PS ig·no·rant
/ˈignərənt/
Adjective

Lacking knowledge or awareness in general; uneducated or
unsophisticated.
Lacking knowledge, information, or awareness about
something in particular: "ignorant of astronomy".

The author clearly lacks knowledge of the EPA's history.
So for your
edification, my use of the word is completely correct.

And in case you are too stupid to figure out....the adjective refers to the
noun "author".

reply to this

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H. Reardon| 1.9.13 @ 1:35PM |#

So you did understand my comment and you were disingenuous when you said it
was nonsensical? You're such a bully!
/runs off crying/

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 1:49PM |#

I don't see where the other discusses that founding history of the EPA, so
your argument is an ad homineum attack on a strawman. Congratulations
on this rare feat in argumentative imbecility!

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 2:07PM |#

"A long train of abuses suggests an institutional culture that sees the law
as an impediment."

long train = history

Stick to your personal attacks because you have no grasp of the
facts.

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 3:01PM |#

The author lists two cases where he argues that the EPA is overstepping
it's bounds. I'll give you that this does not constitute a 'long train', but
you want to argue that the good intentions of the founding of the EPA are it's
guiding principles in the present. You are the one without a grasp of the
facts.

reply to this

log in or register to reply

iggy| 1.9.13 @ 12:36PM |#

Wait...you think the EPA is helping stop the government from breaking the
law? Who do you think runs the EPA? Elves?

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 12:43PM |#

EPA = Elves Protecting Americans

reply to this

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StackOfCoins| 1.9.13 @ 10:14PM |#

I laughed.

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 5:33PM |#

Who do you think the police work for? The government. The second you give
anyone the authority to arrest anyone they become a government worker.
This
is why no body takes you "all government is bad" people seriously.

reply to this

log in or register to reply

| 1.10.13 @
5:36AM |#

It's also why state-fellating cunts like you end up pretty fucking
disillusioned the first time you run afoul of a law, rule or regulation you
probably didn't even know existed because you blithely stuffed your head up
your ass and delegated your thinking to the beneficent state. It all depends,
as they say, on whose ox beach house is being
gored.

reply to this

log in or register to reply

BarryD| 1.10.13 @ 8:40AM |#

Or Gored.

reply to this

log in or register to reply

H. Reardon| 1.10.13 @ 10:02AM |#

Who do you think the police work for? The government.

I am confused. Taking your original post and this one, are you arguing that
the police and the EPA exist to protect citizens from a cabal of government
and corporate interests?

Is there anyone here that can explain sonoflound's posts to me? You would
be providing a much needed service.

reply to this

log in or register to reply

Bill Dalasio| 1.9.13 @ 12:39PM |#

Please tell me this was sarcasm and you're not that insanely stupid. I want
to preserve SOME semblance of faith in my fellow man.

reply to this

log in or register to reply

H. Reardon| 1.9.13 @ 1:40PM |#

sonofloud - just to be clear, the 'you' that Bill is referring to here
is you!

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 5:34PM |#

What would the world do without H. Reardon to explain everyone's
comments....not that calling someone insanely stupid is a worth while comment
to begin with.

reply to this

log in or register to reply

Rothbeard| 1.9.13 @ 7:38PM |#

What would the world do without sonofloud attacking any dissenters without
actually defending his/her original post?

reply to this

log in or register to reply

BarryD| 1.10.13 @ 8:42AM |#

So by your measure, it's okay if teachers bullwhip their students, because
schools were started with good intentions, and it's okay for the FBI to shoot
innocent people for no discernible reason, because the FBI also does some good
things to track down criminals.

Got it.

reply to this

log in or register to reply

Fist of Etiquette| 1.9.13 @ 10:44AM |#

The EPA’s overreach is so extreme that the Democrats on the board
realized that, even in an election year, they had to do this for the
county.

I'm guessing the Democrats on the board or elsewhere didn't make the leap
from the EPA menacing them with unreasonable demands to the EPA might be
menacing other people similarly.

reply to this

log in or register to reply

Fist of Etiquette| 1.9.13 @ 10:49AM |#

But those objecting to the agency’s abuses—Bulova, Ginsberg, The
Washington Post, Judge Jackson—are hardly anarchists. They aren’t even
Republicans.

As the leftists wake up, the Republicans would be wise to ease back on
demonizing the EPA. These people reverting to team would put the breaks on any
kind of possible reform of the agency.

reply to this

log in or register to reply

Bill Dalasio| 1.9.13 @ 12:41PM |#

Sorry, but the need for elected Democrats to mollify the environmental
lobby will "put the breaks on any kind of possible reform of the
agency".

reply to this

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Zombie Jimbo| 1.9.13 @ 10:58AM |#

I found this to be an interesting take on the reining in the EPA, but I
doubt it would work:

http://www.powerlineblog.com/archives/2013/01/politicize-the-epa.php

Best bet is kill them all, Gaia will know them that are Hers.

reply to this

log in or register to reply

| 1.9.13 @
11:05AM |#

Simpler idea. Fire anyone who brings action that results in a losing
lawsuit twice, and they lose any defined benefit pension time.

reply to this

log in or register to reply

Bill Dalasio| 1.9.13 @ 12:46PM |#

Good approach. But, I'm thinking something involving pay-per-view and
either hungry lions or hungry pit bulls.

reply to this

log in or register to reply

Rothbeard| 1.9.13 @ 7:41PM |#

Start by putting the lions and pit bulls in a ring, and then put the
bureaucrats in with the winners.

reply to this

log in or register to reply

The Late P Brooks| 1.9.13 @ 11:05AM |#

It's right there in the name, for crying out loud!

Environmental Protection Agency

The ends justify the means.

reply to this

log in or register to reply

Mike M.| 1.9.13 @ 11:06AM |#

My favorite is that cunt Lisa Jackson using a shell e-mail account and the
alias "Richard Windsor" for her correspondence in order to dodge FOIA request
and congressional oversight. She should be brought up on charges.

reply to this

log in or register to reply

WTF| 1.9.13 @ 11:08AM |#

She should be brought up on charges.

I'm sure Obama's DOJ will get right on it.

reply to this

log in or register to reply

Brutus| 1.10.13 @ 9:51AM |#

Right after they get to the bottom of that Fast and Furious
thing.

reply to this

log in or register to reply

Tim| 1.9.13 @ 11:11AM |#

"This EPA is my kind of scum: fearless and inventive."

reply to this

log in or register to reply

Tim| 1.9.13 @ 11:13AM |#

"Bring me Ginsburg and the Wookiee. They will all suffer for this
outrage."

reply to this

log in or register to reply

| 1.9.13 @
11:15AM |#

Dan Aykroyd- " Everything was fine until dickless here (points to EPA
agent) turned off the power to our containment unit"

Mayor- "Is this true"

Bill Murry- " Yes, this man has no dick"

reply to this

log in or register to reply

| 1.9.13 @
11:22AM |#

"Well, that's what I heard!"

reply to this

log in or register to reply

fish| 1.9.13 @ 11:31AM |#

I love the "classics"!

reply to this

log in or register to reply

Rothbeard| 1.9.13 @ 7:43PM |#

You can believe Mr. Pecker, or you can accept the fact that this [world] is
heading for a disaster of biblical proportions.

reply to this

log in or register to reply

Being Waterboarded| 1.9.13 @ 11:57AM |#

OT, but I was amazed to see a well-reasoned argument for cannabis
legalization on CNN of all places. Equally surprising is the percentage of
commenters that agree that pot should have similar legal status to alcohol or
tobacco.

Public sentiment appears to be changing. My prediction: In 15 years, pot
will have less government restrictions than sugar/sugary products.

http://www.cnn.com/2013/01/09/opinion/nathan-legal-marijuana/index.html

reply to this

log in or register to reply

Redmanfms| 1.9.13 @ 1:40PM |#

Public sentiment appears to be changing. My prediction: In 15
years, pot will have less government restrictions than sugar/sugary
products.

Which will mean that pot will still be just as illegal as it is today, but
production, distribution, or possession of sugar will be
shoot-on-site.

reply to this

log in or register to reply

| 1.9.13 @
12:30PM |#

the EPA can regulate sediment, which is considered a pollutant

The EPA is sorely mistaken: sediment is one of Mother Gaia's ways to
cicatrisate herself of the wounds inflicted by evil humans.

reply to this

log in or register to reply

Bill Dalasio| 1.9.13 @ 12:44PM |#

With the possible exception of a few anarchist cells, nobody
questions the need for environmental regulation—or the EPA’s authority to
enforce environmental laws.

So, now Reason's commenters are an anarchist cell?

reply to this

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Anonymous Coward| 1.9.13 @ 4:02PM |#

Bill, there is no such thing as principled opposition to the EPA, or
anything the government does. If you do oppose the EPA, you're an
anarchist-corporatist-polluter in the pay of Halli-Blackwater-Koch and take
your marching orders from Emmanuel Goldstein.

reply to this

log in or register to reply

sonofloud| 1.9.13 @ 5:44PM |#

According to this author....yes.
But I'm sure H. Reardon will give us
some BS about how no one but him understands what anarchist means.

reply to this

log in or register to reply

| 1.10.13 @
5:41AM |#

Yeah, I noticed that as well. Hinkle is such a twat.

reply to this

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mtrueman| 1.9.13 @ 3:34PM |#

Isn't stormwater basically water + sediment?

reply to this

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Brutus| 1.10.13 @ 9:53AM |#

Why do you hate Gaia and want her destroyed?

reply to this

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reply

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