11/10/15 EPA Recklessness


Design plan.  Check.

Obtain state permit.  Check.

Consult state engineers.  Check.

Excavate dirt.  Check.

Fill with fresh water.  Check.

Allow state inspections.  Check.

Hello.  I’m Mark Hyman.

Wyoming farmer Andy Johnson followed a checklist much like that one when he built a stock pond on his farm.  To provide a clean source of fresh water for his livestock.  An intermittent 8-inch deep creek – exempt from the Clean Water Act [under Rapanos v. United States] — provided fresh water.  [Six-Mile Creek terminates one-third of a mile away in a manmade canal from which the water is used for farm irrigation. The nearest navigable waterway that falls under EPA jurisdiction is nearly 100 miles away.]

Independent lab tests show water leaving the pond is three times cleaner than water entering it. Improving downstream water quality.

Because it created a wetlands where one didn’t previously exist, Johnson stocked it with fish and waterfowl.  A remarkable environmental accomplishment.

But the Environmental Protection Agency claimed he violated the Clean Water Act.  It didn’t matter that stock ponds are exempt from the law and the stream wasn’t under the EPA’s jurisdiction.  Fill it in, they ordered.  When he didn’t, they fined him $37,500.  Per day.  Johnson currently owes more than $20 million.

The EPA is out-of-control.  It doesn’t employ farmers.  Outdoorsmen.  Or people who know the real-world environment.  It’s full of Washington lawyers, bureaucrats and environmental extremists.  Who ignore the law.  And make it up as they go.

[Here is more on the foolishness of the EPA.]

They can crush virtually anyone with illegal orders and ruinously expensive fines.  Most people are forced to surrender.

Andy Johnson is fighting back. He’s suing the EPA.

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