Congress failed 3 times to pass laws (HR 2421, S. 1879 and S. 787) for federal control over almost all water, so the EPA and Army Corps of Engineers are declaring jurisdiction under the Clean Water Act.
Currently, waters with a ‘significant nexus’ to ‘navigable waters’ are covered under the Clean Water Act (CWA). The EPA is now trying to assert that the CWA “protects” (controls) traditional navigable waters, interstate waters, adjacent wetlands, tributaries, and ‘other waters’ which account for just about all water except swimming pools (see page 5).
Lisa Jackson, EPA Administrator
In this video from 2009, Lisa Jackson admits that she doesn’t know what the EPA jurisdiction is for navigable waters or wetlands, and then she says that she does need legislation to clarify the matter! That legislation has already failed 3 times because it is an affront to individualism and property rights. Additionally, several Supreme Court rulings limit EPA power.
When Jackson is asked whether she wants more enforcement ability or to expand the powers of the EPA, she responds that she wants both! She further states that the power should be broad, meaning that it will give the EPA unbounded control.
She also recommends that runoff should pass through vegetative barriers before flowing into bodies of water. Jackson is completely wrong-headed about filtering runoff, as pollution should be remedied at its source.
Federal Jurisdiction Over Water
The federal government usurped power over navigable water in the early 1800’s by distorting the Commerce Clause listed in the Enumerated Powers (Article1, Section 8) of the Constitution, which says:
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
The Commerce Clause has been stretched far beyond federal regulations over trade transactions and taxes; it now extends to federal authority over the means of commerce (trucks, roads, telephones, etc) and almost anything that crosses state lines (industry, fish, pollution, etc). This is an illogical abuse of the Constitution, but it fits the plan for centralized control.