Karl Marx wrote that, "The theory of the communists may be summed up in the single sentence: Abolition of private property.
The Environmental Protection Agency's (EPA) "Waters of the United States" regulation may not be the abolishment of private property rights that Marx had in mind, but it's one heck of a start.
Before chalking this off as an exaggeration, let's rehash the breadth of EPA's rule.
First, all tributaries, loosely defined as anything with a "bed and banks and ordinary high water mark" (OHWM), are categorically included under the definition of "Waters of the United States" and, thus, subject to regulation. This definition not only ignores the historic understanding of Waters of the United States as generally confined to navigable and interstate waters — although somewhat broadened by the U.S. Supreme Court to also encompass certain adjacent waters — but it is nearly all-encompassing, if this definition is to be interpreted literally. Common ditches and less can easily meet this definition.
Moreover, even if the EPA were to depart from habit and restrain its regulatory ambitions, there is nothing to prevent third-party lawsuits from forcing the implementation of the rule to its maximum application. Therefore, any land except that which is perfectly flat can easily fall under the EPA's rule and therefore the civil and criminal penalties sanctioned under that statute.
Read more:
http://thehill.com/blogs/pundits-blog/energy-environment/281165-why-cant-congress-stop-the-epas-assault-on-private
