Supreme Court Revives Trump-era clean water rule in 5-4 decision

Brick by brick Biden tears apart all the good work Trump did to make our economy hum again. This time it was the 9th circuit that tried to take care of business for Biden in setting aside Trump’s Rule change. Contrary to what is being reported, this is not setting aside clean water with rivers set to go on fire with pollution. The Rule limited the role of States in enforcing the Clean Water Act. Under the rubric of the act, every mud puddle in America has fallen under control of the Act. The States have used this to limit land use.

The Supreme Court utilized its emergency docket to reinstate a rule imposed during President Donald Trump’s administration that restricts the authority of states to block federal permits under the Clean Water Act

The supreme court in a 5-4 decision puts on hold Biden’s attempt to reverse Trump’s changes to the Clean Water Act. Justice Roberts joined the Liberal Justices in the minority.

New York Times:

The Clean Water Act envisions a role for states in issuing permits for discharges into the nation’s waters. Industry groups have long been frustrated by what the application called incongruities and ambiguities in an earlier regulation, in place for 50 years, which they said had allowed states to drag out and effectively veto projects on grounds other than the consideration of water quality.

Even the EPA conceded this:

Writing on behalf of the E.P.A., Elizabeth B. Prelogar, the U.S. solicitor general, urged the Supreme Court to deny the emergency application. Judge Alsup’s ruling, she wrote, merely reinstated the old regulation, which had been in place for a half-century. The 2020 regulation, she added, would most likely be replaced by next year.

Ms. Prelogar’s brief included a significant concession. “The federal respondents,” she wrote, “agree with applicants that the district court lacked authority to vacate the 2020 rule without first determining that the rule was invalid.” But she said that was not reason enough to block his ruling.

….

After the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, refused to block Judge Alsup’s ruling while an appeal moved forward, Louisiana and other states led by Republicans, along with industry groups, filed an emergency application asking the Supreme Court to revive the regulation. They said that Judge Alsup had acted without considering administrative procedures or finding that the regulation was unlawful.

 

President Trump signs order to revoke Clean Water Rule

President Trump: The EPA has abused its rules. How wonderful to see a President cognitively in tact.

The best of what we once had in the swamp.

Bonus: This is our President today.