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re: Supreme Court limits power of EPA again, in 9-0 decision
Posted on 5/25/23 at 3:47 pm to Auburn1968
Posted on 5/25/23 at 3:47 pm to Auburn1968
quote:
EPA's original mission is largely complete, but they are trying to find new ways to keep their jobs and grow the bureaucracy
Bureaucracies are like living organisms, their true primary goal is to continue to exist, their secondary goal is to grow and their tertiary goal is to address whatever issue they were created to fix. Once that third goal becomes attainable it competes directly against the primary and secondary goals and thus must then be handled in a way which allows the first two to continue being met.
The big reason no one seems to want to understand when creating these things is that they are made up of people and people don't like losing their jobs. Hire them with a hard sunset date and they're fine, but tell them their job may go away if they do it too well (ie: accomplish the goal) and they'll find ways to make it last longer.
0
Posted on 5/25/23 at 4:09 pm to CBDTiger
quote:
Seems to me most any field south of I-10 in LA would need a Clean Water Act permit under the old interpretation.
There have been some battles over areas like that, and some farmers have gone bankrupt because of it.
Most land in this area is prior-converted, though, so as long as it's been in production the Corps has left it alone. Where issues arise is like this one--prolonged grazing use, or "abandonment" where the land has grown into tallow trees.
The recent WOTUS rule (which is currently enjoined in over half the states) finally saw the EPA align with the USDA definition of "prior-converted cropland", which meant the abandonment clause was finally gone in relation to PC.
That rule is now pretty much all but powerless, but it likely won't matter. Depending on how the EPA interprets the ruling when it writes the new rule, I would suspect that most of those fields will no longer be jurisdictional.
Posted on 5/25/23 at 4:12 pm to Fun Bunch
quote:
Its 9-0, but there were varying concurring opinions.
So the meatiest opinion was indeed anchored by the Trump appointments that your TDS prevented you from listing.
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