Conservatives Rejoice as Trump Ends Obama’s Land/Water Grab

(Quin Hillyer, Liberty Headlines) The federal government will no longer regulate private landowners’ flood ponds – leading free-marketeers, property-rights advocates, conservative Congressmen and constitutional/legal “strict constructionists” to issue a veritable flood of celebratory messages.

Trump Cites Stock Pond While Signing Waters of the U.S. Order 1

Wyoming rancher Andy Johnson’s stock pond was threatened by Obama’s proposed WOTUS rule./IMAGE: Pacific Legal Foundation

Specifically, the Environmental Protection Agency and the U.S. Army Corps of Engineers announced a joint decision to revoke the Obama administration’s 2015 Clean Water Rule – which already was on hiatus via court order because of allegations that it was an illegal regulatory overreach. The rule had vastly expanded regulators’ ability to tell landowners how to manage intermittent “wetlands” or water that might pool on their property after heavy rains, supposedly to protect various aspects of the environment.

Federal power to issue rules over “waters of the United States” (as opposed to states’ powers, which are typically more extensive in this area) derives from the Constitution’s Interstate Commerce Clause – which had long been understood to apply only to “navigable waterways.” But the Obama administration’s 2015 rule pushed past that traditional understanding; This week’s decision, assuming it is implemented without further glitches, will restore the traditional limits on bureaucrats’ authority.

PREVIOUSLY: Trump Cites Stock Pond While Signing Waters of the U.S. Order

If it had been implemented, said Republican U.S. Rep. Bradley Byrne of Alabama, the Obama rule “would have had a devastating impact on Alabama farmers, foresters, and landowners. By putting a stop to this flawed rule, we can focus on policies that actually work in protecting and preserving our natural resources without unnecessarily harming hardworking Americans.”

Republican U.S. Sen. Mike Enzi of Wyoming also celebrated the end of the rule that would have allow[ed] Washington to regulate nearly every creek and pond,” and 19 members of the Congressional Western Caucus jointly welcomed reversal of the policy that caucus chairman Rep. Paul Gosar of Arizona said “threatened the very livelihoods of farmers, ranchers, small businesses.” Louisiana’s Rep. Mike Johnson added that the Obama rule had absurdly put “mud puddles and backyard ditches under government control.”

Conservative think tanks also were delighted. At the Heartland Institute (in Illinois), environmental policy expert Isaac Orr said this week’s welcome decision means that “Farmers… [will] not need to worry about bureaucrats in Washington telling them that the low spot in their field – where water may accumulate for a week or so in the spring – is a federal water and subject to onerous regulation.” Analysts at the Heritage Foundation and other think tanks long had argued against the Obama rule as “a power grab and an attack on property rights.” The “free-market environmentalists” at the National Center for Public Policy Research said the Obama rule was “a scheme to impose federal zoning on millions of acres of private land across the country and “an epic federal power grab.”

From a purely legal standpoint, those who want the Constitution’s words to have a real, fixed meaning are breathing a sigh of relief. “In violation of the Constitution’s commerce clause, [the Obama regulators] assert authority over waters that are neither instrumentalities nor channels of interstate commerce and that do not substantially affect interstate commerce,” wrote William Perry Pendley of the Mountain States Legal Foundation in a 2014 column in the Washington Times.

Of course, liberal interest groups see things differently. Reuters reported this from Howard Learner, executive director of the Environmental Law & Policy Center, speaking in the jargon of bureaucratese: “”This foolish rollback of clean water standards rejects years of work building stakeholder input and scientific data support, and it imperils the progress for safe clean drinking water in the Midwest.”

But federal drinking water standards still apply, as do state laws protecting the environment – and the rule change does not change any rules for publicly held reservoirs or for the large, navigable rivers from which most municipal or county water supplies are drawn.

“This rule was never really about clean water,” said Zippy Duvall, president of the American Farm Bureau Foundation. “It was a federal land grab designed to put a straightjacket on farming and private businesses across this nation…. [The Obama rule had been] an illegal and dangerous mistake.”

  • Finder1009

    awesome news. Farmers and other land owners should NEVER have to deal with these “part time” water basins and channels as a federal regulated item. Keeping the land on which they accumulate according to regulations should cover any problems. The part time water accumulations should not increase the government red tape about the land.

  • Harvey Mitterdorf

    This is a very small start. All of the stolen land by the feds needs to be returned to the states.

    • rev_dave

      I wouldn’t have a problem with that so much, if only the land was managed for the people, and the managing agencies were more readily accountable – and that means the individuals making decisions in the agencies as well.

      • Daniel F. Melton

        Methinks you expect too much.

        • rev_dave

          Oh, me knows I do. But if we don’t hold government to some standard, then it’s totally unregulated. And that, sir, is a return to the days of despot kings.

          • Daniel F. Melton

            I would advocate a semanticist’s interpretation of the Constitution over that convoluted and obfuscated product put forth by lawyers.

    • Junior Sampals

      Fully 50% of all the land in this country already belongs to Uncle Sugar. Obama reminded me of a cotton planter I use to know. He didn’t want all of the farmland on the Earth only the farmland that touched his own.

      • 7LibertyForAll

        Our government has their domain in DC. THAT’S their stuff. The rest is OURS. They’ve been taking for a very long time.

        • Thomas in Jacksonville

          Well, I will give them the military bases.

          • 7LibertyForAll

            Perhaps but I am not sure that those are constitutional either. 🙂

    • Thomas in Jacksonville

      The BLM should be ended and all land not used directly by the Federal government returned to the states. The people in the state understand their land better then some poser in a DC office.

  • Paul Williamson

    Alabamans are not hard working. They are lazy drifters.

    • Gary

      ??

    • Karen

      What are you talking about?

  • Benito Laureano

    THANK GOD HILARY THE TERRIBLE WAS NOT INSTALLED AS OUR PRESIDENT!!! IF WE THE AMERICAN PEOPLE LET HIM GET AWAY WITH THAT LITTLE PIECE OF LEGISLATION, HE WOULD HAVE DEEMED OUR FARM LANDS FEDERAL LANDS, BUT THIS WAS ALL PART OF HIS PLAN, OR SHOULD I SAY, THE GLOBALIST/UN PLAN. HE WAS TASKED TO MERELY IMPLEMENT THE GLOBALIST/ UN PLAN TO FORCE THE THE RURAL POPULATION OFF THEIR LAND SO THEY COULD NOT FARM AND LIVE IN THE CITIES, AGENDA 21,OR 2030.

    OBAMA WAS THE RIGHT PERSON FOR THE TASK. HE FAVORED THE JIHADIST, HE WAS TAUGHT DURING HIS YOUTH, AMERICA DID NOT CARE FOR OUR POOR, SO IN HIS MIND HE VICTIMIZED THE POOR FOR THE THE SAKE OF HATING THE CAPITALIST OPPRESSOR, HE HAD A DEGREE IN CONSTITUTIONAL LAW FROM HARVARD, SO HE CAN PERVERT THE LAWS TO FIT THE GLOBALIST LIBERAL AGENDA, AND HE WAS BLACKED MAILED OVER SOMETHING MICHELLE DID, OR HE, PROBABLY. THAT’S HOW THE SWAMP WORKS.

    • JOHN T. FOX

      NOW WE NEED A $1,000 BOUNTY ON THE SCALPS OF ANYONE PERCEIVED TO BE A TERRORIST, ILLEGAL OR GANG MEMBER AND A WAR DECLARED ON THE INVASIVE SPECIES ASIAN HONEYSUCKLE! IT IS DESTROYING THE WOODS, STERILIZING THE SOIL AND CAUSING MASSIVE EROSION!

      • Thomas in Jacksonville

        PERCEIVED?? No. There are people that look like gang members, but aren’t. There are people that look like a terrorist, but aren’t. So if you think someone is a gang member or a terrorist, call the police or the FBI and tell them why.

        • JOHN T. FOX

          YOU DO NOT UNDERSTAND! THEREFORE I SHALL EXPLAIN.
          1) THOSE WHO ARE NOT POLICE HAVE NO BURDEN OF PROOF.
          2) TO PREVENT POLITICALLY CORRECT POLITICIANS, COPS PROSECUTORS… FROM NIPHONGING AMERICAS CITIZENS, “PERCEIVED” PREVENTS THEM FROM BEING CHARGED WITH A CRIME OR OTHER LEGAL HARASSMENT.
          3) THE JOB OF THE POLICE IS TO WRITE CITATIONS AND ISSUE SUMMONS. DON’T BELIEVE ME? THEN ASK ONE. AS FOR THE FBI, WHEN WAS THE LAST TIME THAT YOU SAW AN FBI AGENT, ON THE STREETS? WHEN WAS THE LAST TIME THAT YOU PERSONALLY SAW AN FBI AGENT PREVENT A CRIME?
          4) THE PURPOSE OF THE BOUNTY SYSTEM IS TO GET AROUND AN INEFFECTIVE LEGAL SYSTEM AND PROVIDE IMMEDIATE JUSTICE! THE $1,000 BOUNTY’S ARE A REWARD FOR SAVING THE GOVT TIME AND MONEY, WHILE RE-ENFORCING GOOD CITIZENSHIP BEHAVIOR IN AMERICAS CITIZENS!
          5) YOUR MISSING THE POINT, AGAIN! THOSE WHO LIVE IN A NEIGHBORHOOD KNOW WHO IS A CRIMINAL, ILLEGAL, IN A GANG…

  • Gary

    That’s why we call him “Obozo”, & a whole host of very accurate descriptive names. Do us a favor, Obozo, stay forever on “vacation” in Indonesia, where you were BORN. Enjoy that “vacation” because you’ll eventually end up right back here, in a USA Federal Prison, where you belong, FOR LIFE.

  • Richard Kubena

    Thank goodness that farce was tossed into the trash container where it belongs.

    • Daniel F. Melton

      Now to shitcan the authors and perpetrators of that abomination.

      • Richard Kubena

        Agreed !

  • bob breglio

    This is a nice start. Now President Trump needs to shrink federal regulations by AT LEAST 75% and shrink the federal workforce by at least that much. De-militarize most of the federal agencies and disband SWAT teams for most of the agencies.

    • Daniel F. Melton

      ***shrink federal regulations***

      You’ve forgotten Trump’s “repeal two for every new regulation” pronouncement?

    • John

      Bob, you sure have a RED Neck. I bet you live in the Deep South and feel that Trump is your Savior. Good Luck. He will be Impeached soon with all his nonsense chatter. Bye Bye Mr President.

  • JOHN T. FOX

    TRUMP GOT THIS ONE RIGHT! JUST WISH HE WOULD 86 THE BAN ON IMPORTING SKS RIFLES AND AMMO!

    • JOHN T. FOX

      THE PEOPLE!

  • Tim Wilde

    Well the Libs called this the “clean water rule” for a reason? Now they will be coming out and blaming republicans for poisoning and contaminating water when in actuality it has nothing to do with pollution. They play their narrative game very well!

    • FIRE1949

      I’d be more to the point and call libs “just a lyin’ bunch of basstards”. Then the second part of the problem is the stupid people that believe the lies that libs spout.

  • Cecilia Robarge

    Winning and more wins coming. amen

  • John

    I’m all for strategic green spaces and national parks that maintain the beauty and heritage of the US. These only make sense when they don’t trounce on a persons property rights.

    • Ronald Nelson

      The US Constitution doesn’t provide the FEDERAL GOVERNMENT with the power to create National Parks or public anything…it limits the land holdings of the government to very specific types of facilities and purposes. See: Article 1, Section 8, Clause 17… forts, magazines, arsenals, dock-yards and other needful buildings… these are the Constitutional items the Federal Government may acquire and control. The STATES have the power to create the parks and to improve or designate public lands for public use… not the Federal Government.

      • 7LibertyForAll

        Exactly right. They don’t even have the right to run the post offices. They are supposed to see that we HAVE post offices.

    • Daniel F. Melton

      A private enterprise “for profit” policy is the best way to maintain cultural heritage and scenic vistas.

      • Naval Lint

        I don’t know if I agree with THAT. There would have to be STRICT laws on actual use, prohibitions against private developement and MAJOR citizen oversight. Otherwise, our national parks and monuments will become playgrounds for the wealthy elite. NOT a positive outcome potentially.

        • Daniel F. Melton

          Ir it weren’t for private enterprise, the buffalo would be extinct. Under the tender and “enlightened” ministrations of the federal government, Yellowstone built up such a fuel load that it burned to near sterility only a few decades ago.
          Look at the hideous result of the national forest policies vs. the timber industry’s management.
          “Good intentions” are the cause of too much ruin and devastation, from purportedly endangered species to national interventions to “save” refugees and stop armed conflicts that have been ongoing for generations.
          If ya own something, you’ll ensure that it either makes a profit or maintains it’s value. If ya have no vested interest you’ll only go for the maximum result. Look at what communism has done to Eastern Europe and Asia.

          • skisok

            Exactly.

      • skisok

        I’m all for private rights to property but I disagree with the private development or should I say destruction of our public parks. The parks belong to all US citizens. The proposed mining of the Grand Canyon is one such thing that I am fiercely opposed to. Keep public land public and private land private.

        • Daniel F. Melton

          And what part of the Constitution gives the federal government the right to hold ANY property not specifically deliniated in the Constitution?
          If the citizens own national parks, why are we as owners charged fees to enter and enjoy those parks?
          You refer to uranium mining near the Grand Canyon? There are already established mines in that area with epa and national park service oversight. Reclamation is one of the primary responsibilities of the mining industry. They no longer walk away from huge holes and pollution.

          • skisok

            It’s called General Welfare. Look it up. You don’t want a national park to take your kids and grand kids, why don’t you move to another country. Who gives anyone the right to maim one of God’s creations?

          • Daniel F. Melton

            Your definition is as skewed as your politics.

            Maim one of God’s creations? You eat, defecate, breathe, and utilize the labors of others, so you have no high horse to ride with that argument. Until the products you use require no raw materials, you are pure hypocrite.

          • skisok

            Your mind is as skewed as your wallet. You need to have a conscience, but I doubt that you have one.

          • Ronald Nelson

            The General Welfare clause is not permission too provide your family with food, shelter, transportation and recreation… it is a general statement indicating that the government is supposed to SERVE the best INTEREST of the public within the restraints of the Constitution.

            The General Welfare clause is found in the PREAMBLE of the Constitution… which speaks in general terms outlining the purpose of our Federal Government. That clause is not a blank check authorizing the people to live off the larges of the government… and the labor of others

            Where did you go to school… must have been in California or some other MARXIST system of education..

          • skisok

            It’s left general on purpose by the founders to accommodate the general public. Preserving our national parks fir the benefit of all and not only fir a privileged few is one such protection under the Constitutuon. The founders could not think of every instance that the clause should apply and therefore left it general enough to cover any instance that applies to the general welfare of the American public. It’s not intended to satisfy the whims of the general few like yourself.

      • Ronald Nelson

        Absolutely not… privatization is already underway in many federal and state parks as the Department of Interior and State agencies rush to ‘Contract Out’ the management and maintenance of our public property… doubling the costs and increasing the fees for using such facilities. The Fed and State already pay tens of thousands of employees to run our parks, national monuments and other historic and heritage sites… only to find their sky rocketing salaries and benefits eat up the funds for maintaining these public lands… instead of demanding our federal and state employees do their job… or firing them… they came up with another public rip off scheme… to contract out the parks and facilities to private contractors who will then be allowed to raise the fees for the services at these parks in exchange for their managing and servicing the facilities… No… fire the bastards hired in the first place to do that job and hire those that will as State and County employees. Hold these bureaucrats accountable for failing to maintain our public treasures…. and get the federal government totally out of the way…. eliminating that layer of parasites, who are eating off the public largess.

        • Daniel F. Melton

          Show me any endeavor where the government is remotely near as efficient as free enterprise.

          • Ronald Nelson

            Government contractors don’t operate independent of the government… they are part of the government… The government bureaucracy remain in tact and in charge….They supervise the contractor, instead of doing the work they were hired to do, the taxpayer is now expected to pay the bureaucrat and a private contractor. Contracting services out that should be done by our paid civil service only creates a new level of expense and government jobs… paid for TWICE… once by taxpayers and again by fees charged to consumers by the contractor for accessing our parks and other government facilities..

          • Daniel F. Melton

            Are you deliberately misunderstanding my statement?

          • Ronald Nelson

            No, sorry… just wanted to clarify the roll of contractors in government… they are often duplicitous and end up costing us much more than an effective civil service or military unit.

          • Daniel F. Melton

            Why is the government engaged in these endeavors anyway? If there is a demand, private enterprise can meet that need.

          • Ronald Nelson

            Power is addictive and the Federal Government wants as much as it can steal.

          • Daniel F. Melton

            True dat!

    • Forrest K. Wright

      including the First Nations people , through out these U.S. . have been denied there rights .

  • sandy2249

    Its a pity California is ran by the liberal party because their farmers and ranchers in California has suffered a lot under liberal dictatorship ! When King Obama first took office a bunch of California farmers and ranchers meant with him asking him to help them have the rights to their water again and instead of helping them he made things worse for them and some of the farmers and ranchers were stars that decided to take up farming and ranching instead of doing the Hollywood crap and they needed the rights to their water to use on crops and water their animals but as always King Obama spit in their faces ! By the way there’s one thing no one has been talking about until now and I’m talking about how Union’s suffered under the dictatorship of Obama and his liberal party , in the first election Obama promised the Union’s he would make sure the pipe line would go through if they helped him get elected and he promised them ton’s of work and NONE OF THE CRAP HE FED WAS TRUE then came his second election of course he promised them the pipeline jobs again and again ton’s of work and just like the promises he made to Union’s in his first election not one promise was kept and for 8 years Union blue collar workers were out of work and then ran out of unemployment and if they found work it was out of state and then for only a few weeks at a time so blue collar Union workers suffered a lot under Dictator Obama and his liberal party and since jobs under King Obama and his liberal party were almost extinct the blue collar union workers couldn’t even find work outside their Union. I know this because my son works for a Union in Ohio and stayed unemployed almost the whole 8 years and his unemployment ran out by the end of the first year and liberals and Obama never extended unemployment like Bush did while he was president so I think its safe to say the hatred for Obama and the liberal party was beyond high and no one trusted Clinton either so I think blue collar Union members helped elect Trump and give Republicans more seats in both houses ! My son said now jobs are every where and that a lot of businesses closed or was near closing under Obama and the liberal party because of all the restrictions put on them by Obama and his liberal party which didn’t seem to care at all if anyone was working in our country or not ! So there was a few groups that jumped the liberal sip this last election and helped make Trump and Republicans get into office and that’s blue collar Union workers and the Jewish Communities in our country because from day one Obama spit in the Jewish Communities faces right up until he left office with not one liberal in office standing up to defend them ! I also think Trump & our party should make sure Photo Voter ID is made the law in every state before the next election because liberals have depended on liberal voter fraud for a long time to steal elections and I think its time we finally find out just how this country is really divided because they get the 50/50 numbers off the results of elections and since liberals have had illegals voting and massive liberal voter fraud helping them get that 50% its time we find out the real numbers and doing a country wide investigation into liberal voter fraud is long, long past due !

    • jay

      You got it right.I have been working in union’s for most of my life.Better pay and great benefits.Bummer promised so much and delivered nothing except,lack of work,promised an extension on u.c.and didn’t do it which caused me homelessness for 3 months.You tell the TRUTH!Our President Donald J. Trump will help the union workers.I heard him say it myself.I am a Christian first and a conservative ,union member living in a liberal county in Pa.close to Ohio.

    • Benito Laureano

      The Dems in California were hijacked by the Chinese Communist! They didn’t pay millions of dollars to change the American way of life for nothing. I.e. Hollywood

      That’s why we, the pats in this great country, must condemn these acts of treason and so called progressive perversion i.e. Attack our family values, our guns laws, Christian values, with no help from the Vatican because their into socialism technocracy themselves, If you don’t like it, the pope will torture you himself with Peron era tactics like he ordered after he was induced, and conspired with Nazi war criminals that fled to Argentina to change the political landscape.

  • Walter J Williams

    Now he needs to reinforce property owners and lease holders rights to groundwater. Texas recognizes groundwater rights, but gov Abbot gave well drillers a state sponsored monopoly when he passed HB930 in sept 2015. This bill kills small businesses, gives liscenceholders the power to restrict and totally prevent new liscenceholders, therefore encouraging price setting. New well prices have increased 100% over the last year. A 100 ft well in clay, mud, and sand now costs average of 10000usd. Totally ludricous. Before the bill passed, the same well costs 3000usd.

  • mike

    all Obama and his administration wanted was to change America to a commie country., gave us healthcare, take our guns, land and water. we would be standing in line for food like Germany did and now Venezeula

    • 7LibertyForAll

      He gave us nothing. Government has nothing to give–whatever they “have”, they’ve stolen from the people, at all levels. He forced us to buy the disease care, wanted to confiscate our arms, got the EPA, BLM in high gear stealing many western properties

  • Bob W

    I’m certainly not a fanatical Trump supporter, but it sure is good to watch him dismantle every thing Osluma attempted to do in 8 years of corruption and delusional lunacy, piece by piece. A ‘legacy’ destined to be printed on the toilet paper roll of America. Thank the Lord.

  • Christian_Prophet

    No one is grabbing anyone’s land. We want a clean environment. You should report on the many streams which the coal companies are now polluting. People’s wells are contaminated by the chemicals from oil and gas fracking. Your false news has all the hallmarks of a conservative hatred of government no matter the cost to the land, water and the air. Why would the Obama administration want to grab people’s land anyway, unless it was for the public good and yes, constitutionally, the general welfare.

    • Naval Lint

      What about that toxic spill caused by the EPA? You know, where they contaminated a riverine water supply and then didn’t get any penalties for it because “It wasn’t their fault!”when it most DEFINITELY WAS? And you support that and still carp about ponds on farms?

  • Charlie Silvertooth

    Give it to the Native Americans, its theirs anyway.

    • Warren Blum

      They don’t want it.

    • jay

      Foolish comment,uneducated too!

  • steven jacobs

    a victory for private property rights
    now get rid of the EPA entirely!-start from square one

  • Yolinda Weston

    When people who have no idea how to care for or manage water, start telling those of us who do, what we can and cannot do with water on our property. They invariably destroy the very thing they believe they are protecting. Hooray!!!! they can not tell me I can’t let my livestock drink from my pond because they will contaminate it, or use the water from it to water my garden. God sends the rain it is not the governments place to tell us we can’t collect it. But being responsible for our water and land is our responsibility, the land owner, not the government. The government can’t tell their backside from a hole in the ground. The government and activists have done more harm than good, in caring for our lands and waters. Case in point. A land owner who was logging off his own 400 acres of timber. He was keeping the underbrush of his forest cleaned out and replanting trees as he cleared areas of trees. He had developed a great hunting area for owls, in particular the Spotted Owl. So some dumb dodo activist got excited about the owls he found and became angry with the logger and got an injunction to stop his logging. Needless to say as the underbrush grew back the hunting became difficult the owls left. A stupid idiot had no idea why the owls were even hanging out in the area made a decision that did more harm than good. The socialist idea is that everyone is supposed to be equal so grabbing land and water from private owners, relegates the landowner just like all the other needy folks who must be cared for by the government. Eventually as all citizens come under government management. Then one day they will find themselves slaves to the almighty government doing their bidding as they dictate.

    • jay

      Great story.Doesn’t surprise me though because that’s what the liberals do and exposes their hippocracy.

  • Warren Blum

    I really really hate Obama primate Muslim face

  • Naval Lint

    I’m surprised that Obama didn’t include swimming pools in this law. Maybe those were next?

  • Louie Rey

    I wasn’t all that familiar with Hussein’s actions in this case but it’s not surprising that it was a disaster. I mean anything and everything that he had anything to do with ended up being a disaster. By the way, am I the only one that gets the feeling that our beloved president happens to be on a nice roll right now? The wall, the travel ban, this? Get the feeling that America may just be great again? Amen!

    • Forrest K. Wright

      depends what we call great the people are just as bad as our Gov. , has been allowing our Gov. to get the way it is , we compromised a lot of what was good , to get where we are at .

  • Sylvia Avila

    Great News! small but good, anything to Over ride Evil Obama’s agenda!!

  • Kenneth Birgholtz

    There wasn’t a lot that Obama did that Wasn’t Illegal and Detrimental to Hard Working Citizens and their Property Rights…The Only Reason Obama pushed these New Regulations on the American People was so his Administration could find more ways to Fine People for Discrepancies…Total Power Grab…

  • Gary Von Neida

    We stopped Them from selling it to China like Hillary did with Our Uranium to Russia for PAY TO PLAY.