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1/9/2014 11:34:33 AM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


This is what happends when a government agency is left unchecked and gains to much power.

Semper Fi !!!

EPA Threatens Chicken Farmer With Millions In Fines For…

Daniel Jennings Current Events January 8, 2014

A chicken-farming grandmother from West Virginia has won a major victory for all farmers against the Environmental Protection Agency, which had threatened her with millions of dollars in fines in a case that could have impacted thousands of other farmers.

Lois Alt sued the EPA in 2012 after the agency tried to fine her $37,500 per day – that is, more than $1 million per month — for allegedly violating part of the Clean Water Act. The agency claimed that Alt was violating the act every time it rained. The rain, EPA said, would come into contact with small amounts of dust, feathers or manure on the ground that had settled there from the chicken coop fans, and the storm water would end up in local ditches and then streams.

“I knew that we were doing everything we could possibly do to guard against any time of pollution, and it really bothered me” Alt said.

Alt, though, beat the EPA, when a U.S. district court ruled that Alt’s farm is exempt from National Pollutant Discharge Elimination System requirements. The requirements receive their authority from the Clean Water Act. In fact, the judge said that all farms with ordinary storm water runoff are exempt. The EPA is appealing the ruling, but the tone for the legal case has been set.

“Ms. Alt has courageously taken on EPA not just for her own benefit, but for the benefit of other farmers,” said Bob Stallman, the president of the American Farm Bureau Federation. “She refused to back down from her principles despite the best efforts of EPA and environmental groups.”

The federation and the West Virginia Farm Bureau joined Alt in the suit because the EPA’s efforts had the potential to impact thousands of similar farmers across America. The agency’s contention was that waste from the eight coops where Alt raises 200,000 chickens a year in chicken houses was as dangerous to the environment as sewage.

The EPA was arguing that the water from Alt’s farm was processed wastewater, for which she needed a special permit. Alt’s attorney’s argued that the water was not polluted enough for such a designation.

EPA’s Standards Not Based on Science

A recent scientific study showed that there was no scientific basis for the EPA’s decision. Instead, the study showed that Alt was right.

The study from the University of Delaware showed that the EPA’s scientists for years had overestimated the amount of nitrate, a pollutant found in chicken manure by 55 percent. Attorneys for Alt and the Farm Bureau entered the study as evidence in their lawsuit. The university’s scientists found that the EPA’s standards were based on old science and did not account for recent advances in genetics or modern farming techniques.

“It’s a systematic application that is putting farmers in a negative light,” Don Parish, the federation’s director of regulatory relations, told Fox News.

Said Don Shortridge of the Delaware Department of Agriculture, “[The] findings are significant because they represent the most current data available, based on tests of thousands of samples of actual manure, not estimates.”

This means that there was no scientific basis for the fines threated against Alt and other farmers.

EPA Backed Down

The EPA backed down and withdrew the fines against Alt after the University of Delaware study came to light. Stallman believes the agency’s move was designed to make Alt and her lawsuit go away. That tactic did not work.

“The EPA seems to have believed if it withdrew the order against Ms. Alt, the court would dismiss her lawsuit,” Stallman said. “The tactic failed because the court recognized EPA wasn’t changing its underlying legal position, but just trying to avoid having to defend that position.”

Alt said she refused to withdraw the suit because she was fighting for the rights of small farmers. Like Stallman, she was afraid the EPA would try to apply the flawed standards to other farms.

“My name may be on this case, but we’re doing this for all farmers, everywhere,” Alt told BayJournal.com. “If farmers can’t stick together, then there’s not much coming to us, is there?”

The Farm Bureau believes that the EPA would have been able to force all small farms to get wastewater permits if Alt had not won her lawsuit. Lois Alt’s case proves that you can fight the EPA — and win.

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1/10/2014 10:34:19 AM EPA Overstepping Their Bounds  
badchevy4x4babe
Over 10,000 Posts!!! (11,800)
Fort Worth, TX
29, joined May. 2011


Interesting



Off topic. Kalisell is beautiful

1/10/2014 11:07:09 AM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


I wouldn't be posting this stuff in this group but I've been a farm kid all my life and the things the EPA is doing outside the bounds of congress will effect all of us.

As far as I can tell the EPA does not have the power to do this.

Semper Fi !!!



EPA Steals Land From Wyoming, Changes State Boundary, Gives It To Indian Tribes?
Posted by vanguardoffreedom on January 8, 2014 at 9:01pm

Wyoming State Boundary Changed By EPA

Michael Bastasch at the Daily Caller News Foundation reported Wednesday the story of the residents of Riverton, Wyoming:

"...One day they were Wyomingans, the next they were members of the Wind River tribes — after the Environmental Protection Agency declared the town part of the Wind River Indian Reservation, undoing a 1905 law passed by Congress and angering state officials..."

Bastasch reports that, while the federal Environmental Protection Agency has "unilaterally" changed the boundaries of the state of Wyoming, Wyoming Governor Matt Mead has informed the EPA that he will not honor its decision related to the boundary of the state and the Wind River Reservation.

According to a statement issued by the Wyoming Governor's office:

"...Three days after signing the decision the regional administrator of the EPA told Wyoming the EPA was granting the Northern Arapaho and Eastern Shoshone Tribes application for Treatment as a State. Treatment as a State gives Tribes access to grant funding for air quality monitoring, but the EPA decision also purports to re-interpret a 1905 Congressional Act and in doing so expand the boundaries of the Wind River Reservation..."

Last month the EPA effectively changed the boundaries of the reserv... by using as reference a 2011 finding by the Interior Department that a law passed in 1905, which in effect opened the Riverton area and "one million more acres to homesteading" by "non-Indians," did not diminish the reservation.

That means, essentially that land that has been considered since 1905, specifically an area referenced as Fremont County and the city of Riverton, Wyoming, to be under local jurisdiction, is instead, Indian Country. Among other things, because the ruling makes the area part of the Wind River Indian Reservation, the city and its surrounding areas are subject now, not to local laws, but to federal law, including law enforcement (police) and other laws.

On January 6 of this year the Wyoming Attorney General, Peter K. Michael, petitioned the U.S. Environmental Protection Agency for "...Reconsideration and Stay of Approval of Eastern Shoshone and Northern Arapho Tribes' Application for Treatment as a State..." stating that the "...legal opinion offered in support of EPA's decision depends on a shost of faulty factual and legal conclusions..."

It said further that:


"...The legal opinion offered in support of EPA's decision presents a selective history of the Wind River Reservation more akin to advocacy for a predetermined outcome than to the objective analysis required for this complicated issue. The plan language of the 1905 Act of Congress, the 1891 and 1904 treaties, the legislative history and other contemporaneous historical evidence, decisions of the United States Supreme Court in analogous cases, and he State's pervasive exercise of civil and criminal jurisdiction over the territory in dispute for more than one hundred years--especially when coupled with the disavowal of federal jurisdiction and the absence of tribal jurisdiction--demonstrate conclusively that EPA's reservation boundary determination is wrong..."
"...EPA not only reached the wrong conclusion, but the agency also employed a fundamentally unfair and skewed process, to the detriment of the State and its citizens, in pursuit of its predetermined objective..."


Governor Mead said in a statement:

"...I understand that the Northern Arapaho and Eastern Shoshone Tribes have a different opinion about the Wind River Reservation Boundary. My deep concern is about an administrative agency of the federal government altering a state’s boundary and going against over 100 years of history and law. This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop...?"

Bastasch reports that "State courts have heard at least two cases on the boundary in the last three decades — one 1980s Wyoming Supreme Court case found that Riverton was part of the reservation, and another state high court case in 2008, which found that the town was in Wyoming...The only problem is that the state court decisions don’t set a solid precedent, since neither case involves both tribes living on the reservation, nor the state and the federal government all at once, Howell... [lobbyist for the Northern Arapaho tribe] ... told the Star-Tribune." See Bastasch's Report HERE...

Once again, an agency of the Obama Administration over-extends its reach, and takes actions that are Unconstitutional, bypassing Congress and the Courts, while using as pawns U.S. Citizens of two factions to create a conflict in order to advance its political agenda.

1/10/2014 11:08:06 AM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


Quote from badchevy4x4babe:
Interesting



Off topic. Kalisell is beautiful


Yeah Kalispell is Gods country for sure.


Semper Fi !!!

1/16/2014 1:36:19 PM EPA Overstepping Their Bounds  
eaglemom02
Northfield, MN
52, joined Mar. 2009


I didn't read all the posts, but something similar is currently happening in Yakima, WA. Will go to court in Sept 2014. I think it's 4 dairies have lawsuits pending and will be setting a precedence with whatever the outcome is.

Door County WI also has something similar, but it's in the beginning stages. A UofW professor has been studying this and says the target should not be farms and manure, but also humans. Nitrates come from many sources and they all need to be explored. Bedrock just inches below the surface soil is the cause of the runoff, no time for absorption.

The articles that I have read stated that the EPA really doesn't have a case in regards to the nitrates in manure affecting the groundwater. What they are citing is inaccurate and inconclusive data. So far, all the judges across the US have thrown the cases out. This time will be different due to the positions of the judges in this district and the strong environmental stand they take.

I'd cite some of the articles, but I read too many magazines and papers to remember where I've read this info. The predictions are, if the dairies lose, then say goodbye to all dairies across the US; if they win, then hopefully the EPA will drop this. Sad situation for everyone involved and the final decision will affect everyone across the US. Too bad the total repercussions aren't being recognized by the EPA.

1/16/2014 2:00:07 PM EPA Overstepping Their Bounds  

stargazzer
Over 10,000 Posts!!! (25,360)
Creighton, NE
69, joined Feb. 2007


I got a phone call the other day wanting support for the EPA to cut off the heads of farmers and ethenal gas, I said we need to cut off the EPA on everything & hung up.

1/16/2014 3:08:23 PM EPA Overstepping Their Bounds  

luckylouie42
Over 4,000 Posts! (6,003)
Cedar Grove, WV
75, joined Mar. 2008


over stepping their bounds, I don't think so, last week we had a chemical leak in the elk river, from a chemical storage area, now 300,000 people have no useable water, and still it has not been corrected, the last time this facility was inspected by the EPA was 1994

1/16/2014 4:55:27 PM EPA Overstepping Their Bounds  

stargazzer
Over 10,000 Posts!!! (25,360)
Creighton, NE
69, joined Feb. 2007


The EPA today is doing everything they are not to do & not doing what they were supose to do, Need to get rid of them and start again.

1/17/2014 12:40:52 PM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


Quote from luckylouie42:
over stepping their bounds, I don't think so, last week we had a chemical leak in the elk river, from a chemical storage area, now 300,000 people have no useable water, and still it has not been corrected, the last time this facility was inspected by the EPA was 1994


You don't think so?? Did you read either one of the articles? If you did and you still think the EPA ISN"T overstepping their bounds then you are part of the problem.

We cannot let these government agencys run unchecked or we will become libal for anything they want,,"slaves to the govrnment".


Semper Fi !!!



[Edited 1/17/2014 12:41:41 PM ]

1/17/2014 2:53:42 PM EPA Overstepping Their Bounds  

luckylouie42
Over 4,000 Posts! (6,003)
Cedar Grove, WV
75, joined Mar. 2008


HELL NO I don't think so, the fish in every river and stream in the state of west Virginia are polluted with mercury, from coal fired power plants, and other pollution, and the fish in your streams are probably the same. the goddamn water aint fit to drink no where in this country, the oceans are becoming a cess pool. wake up.

1/17/2014 3:00:49 PM EPA Overstepping Their Bounds  

luckylouie42
Over 4,000 Posts! (6,003)
Cedar Grove, WV
75, joined Mar. 2008


and what about the marine base, that was letting their marines, and families use and drink polluted water, and making them sick, and base co knew it, and nothing was done until someone else discovered it. industry is poisioning the whold nation, in the name of greed, they don't want to spend the money to clean up their act. profit first, people last. JMO

1/17/2014 6:28:42 PM EPA Overstepping Their Bounds  

sureshot40
Over 4,000 Posts! (4,891)
Drumright, OK
48, joined Apr. 2011


Quote from tileman1814:
I wouldn't be posting this stuff in this group but I've been a farm kid all my life and the things the EPA is doing outside the bounds of congress will effect all of us.

As far as I can tell the EPA does not have the power to do this.

Semper Fi !!!



the EPA decision also purports to re-interpret a 1905 Congressional Act and in doing so expand the boundaries of the Wind River Reservation..."

That means, essentially that land that has been considered since 1905, specifically an area referenced as Fremont County and the city of Riverton, Wyoming, to be under local jurisdiction, is instead, Indian Country. Among other things, because the ruling makes the area part of the Wind River Indian Reservation, the city and its surrounding areas are subject now, not to local laws, but to federal law, including law enforcement (police) and other laws.
.



Taking peoples land and lively hood that they have legally bought and paid for is definately overstepping their boundaries.

1/29/2014 10:37:57 AM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


Here is another case of the EPA (A.K.A.) obama throwing the weight of the corrupt government at conserative farmers.

Semper Fi !!!

Nearly two years ago, the U.S. Supreme Court smacked down the Environmental Protection Agency in a landmark property rights case. The court ruled that the EPA was overstepping its bounds in going after the Sackett family of Idaho. In 2007 the Sacketts wanted to build their dream home on their own land, but the EPA swept in and tried to stop them, arguing that their land was a “wetland.” It wasn’t a wetland, the Sacketts tried to go to court to win their property rights back, but the EPA ruled that they had no right even to defend themselves in court. The EPA staked out the position that the Sacketts could only deal with the EPA, which had already ruled against them.

The Supreme Court ultimately disagreed with the EPA, and the Sacketts won.

Well, over the course of their suit, the Sacketts worked with an Idaho environmental consulting firm, Kagel Environmental LLC. Kagel provided evidence that the land in question was not a wetland. The DTN Progressive Farmer reports that Kagel Environmental has been subjected to targeting by federal authorities since they worked on the Sackett case.
Ray Kagel, co-owner of Rigby, Idaho-based Kagel Environmental LLC, told DTN in an exclusive interview that he has never faced the delays now faced from the Corps of Engineers when it comes to wetlands delineation work for clients.

The Corps Walla Walla (Wash.) District maintains the recent delays from its field office in Coeur D’Alene, Idaho, are just part of the usual course of business.

The delays come from the same northern Idaho county where Kagel successfully defended the Sacketts and another property owner who faced criminal indictment for allegedly filling wetlands without a permit.

Kagel said at least some Corps field offices are attempting to go around the court’s ruling even if trained scientists such as him determine wetlands are not present.

Joseph Saxon, public affairs chief for the Corps of Engineers Walla Walla District, told DTN the Kagel allegations are being reviewed.

After the Sackett ruling, Kagel said, a Corps Walla Walla district field office added more layers of what he says are unnecessary steps to rectifying wetlands determinations for subsequent clients.

Kagel asked the Idaho congressional delegation and other members of Congress for help in ending the delays.

In a Dec. 20, 2013 letter to Sens. David Vitter, R-La.; Mike Crapo, R-Idaho; and James Risch, R-Idaho, Kagel said he believes the “targeting” has resulted in “undue hardship and stress for our clients.” Vitter is the ranking member of the U.S. Senate Committee on Environment and Public Works.

In a letter to Assistant Secretary of the Army Jo-Ellen Darcy this month, the senators asked for a February briefing from the Corps writing, “Any effort by the Army Corps of Engineers or the Environmental Protection Agency to penalize a business for its prior assistance to landowners dealing with regulatory issues is wholly unacceptable.”

Read the whole thing. Kagel cites a troubling pattern of delays, runarounds and denials by the Corps of Engineers office on wetlands determinations. He says the CoE has changed its tactics ever since the Sackett ruling. The harassment tactics resemble those the the IRS has admitted to in abusing Tea Party and conservative groups, and which King Street Patriots’ founder Catherine Engelbrecht has suffered since she founded the election integrity watchdog group.

Obviously, the Army Corps of Engineers (USACE) is not part of the Environmental Protection Agency. It answers directly to the Department of the Army at the Pentagon, which means that USACE answers to generals appointed to their posts by President Obama. Likewise, the EPA is an executive branch agency that answers to the president; its administrator is a political appointee and is given a seat in the president’s cabinet meetings.

Any coordination of actions between the USACE and EPA would probably originate above both of them.

1/30/2014 12:15:54 PM EPA Overstepping Their Bounds  

tileman1814
Over 4,000 Posts! (6,736)
Kalispell, MT
67, joined Nov. 2007


When I started this post I told you all that this would effect all of us.Here is a little more to prove it.Once again the EPA is overstepping!!

Semper Fi !!!

As ObamaCare continues to eat away at the private American healthcare system that the rest of the world once envied, the federal government now has a hand in virtually all aspects of the medical industry.

The intrusion is well-documented and is not limited to any particular federal agency.

Among the most recent developments is theEnvironmental Protection Agency’s promise to scour social media posts for clues about potential outbreaks of disease. Apparently taking a page out of the NSA’s playbook, the EPA announced last week that it is seeking a contractor capable of scanning millions of Twitter posts for users posting specific symptoms.

According to reports, the agency is interested in tracking cases of acute gastroenteritis infections – or AGI – to determine where the disorder is most prevalent. In a public notice, the EPA offered a number of “search terms” for the prospective contractor to look for, including “[s]tomach flu, stomach bug, stomach ache, nausea, vomiting, and diarrhea.”

The apparent mission involves comparing results from Twitter with studies conducted by the Centers for Disease Control. Of course, the social media site is known to be the home of countless saboteurs and wiseacres who could easily skew results, thus invalidating any of the contractors’ findings.

Nonetheless, the EPA appears anxious to begin the project. Considering the emphasis on influenza, this could be an effort to further indoctrinate Americans with the ostensible benefits of the flu vaccine.

In any case, it is another step toward a society in which no information – especially personal health data – is immune from government snooping. Obviously, those posting their symptoms to Twitter have no expectation of privacy; however, it is doubtful many expect to have those posts dissected by federal contractors.

The incremental attack on privacy in the U.S. has increased in speed and severity throughout the Obama administration. As he implements his plan to bypass Congress whenever it suits him, the problems associated with an invasive government bureaucracy are sure to become more pronounced.

4/5/2014 7:32:38 PM EPA Overstepping Their Bounds  

gdaddy47
Over 10,000 Posts!!! (11,121)
Columbia, TN
70, joined Sep. 2009


Quote from luckylouie42:
HELL NO I don't think so, the fish in every river and stream in the state of west Virginia are polluted with mercury, from coal fired power plants, and other pollution, and the fish in your streams are probably the same. the goddamn water aint fit to drink no where in this country, the oceans are becoming a cess pool. wake up.





So what the heck good is the EPA. Just breaking in on high profile industry to make a name for themselves and make the news. They aren't pro-active. They're a communist dept of the gov't.

4/7/2014 9:05:39 AM EPA Overstepping Their Bounds  

stargazzer
Over 10,000 Posts!!! (25,360)
Creighton, NE
69, joined Feb. 2007


"Huh" To much pot or to much pesticide?

4/12/2014 8:55:53 PM EPA Overstepping Their Bounds  

eltfarmer
Decatur, AR
61, joined Nov. 2013


When you run the farmer out of bussness where do your food, from countrys that do not have safe food. The EPA dose not care and the govt just wants to run your life. If poeple do not wake up look out.

4/15/2014 10:32:52 AM EPA Overstepping Their Bounds  
rainydaze26
Over 10,000 Posts!!! (12,626)
Columbus, OH
53, joined Nov. 2013


EPA is run by Monsanto, Dupont... or should I say just the major chemical companies...they have the $ to buy the politicians & oversee government regulations

Natural foods & processing are control by them as they dictate the government & world food source.