Categorized | News


Senator Rand Paul, the future (Lord willing) President of my old age, just introduced a bill to curb the powers of the EPA over waters and wetlands.

Among other things, the bill seeks to:

1. Provide a predictable definition of “navigable waters” and federal authority;
2. Exclude ephemeral and intermittent streams from federal control;
3. Prevent the Corps and EPA from reinterpreting the definition of “navigable waters” without congressional approval;
4. Return control over local water and land use to the States;
5. Prohibit federal trespass onto private property; and,
6. Require compensation for loss of use and value of private property.

The Pacific Legal Foundation explains some of the issues behind it here. Highlights:

Unfortunately, the debate over the scope of federal authority under the Clean Water Act  is not just an academic exercise.  How the federal government defines “navigable waters” affects the liberty and livelihood of real people.  Literally millions of Americans across the Nation face ruinous civil fines or criminal penalties if they guess wrong about the reach of the Act.  Just ask the Sacketts.
Chantell and Michael Sackett own a half-acre parcel of land near Priest Lake, Idaho, that they bought to build a home.  The lot sits in a built-out subdivision.  It has an existing sewer hookup and is zoned for residential construction.  Prior to their purchase, the Sacketts undertook a due diligence investigation.  None of their research indicated any Clean Water Act permitting history or requirements for the property.

It’s time to curb the EPA and end the thrall of the environmental wackos over President Obama and many members of his party.  Time to support Rand Paul’s bill.  I would be as sure as I can be that if we can elect Del. Bob Marshall to the Senate, he’ll vote for it!

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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