by Dr. Ed Berry
Congress intended the federal government to have control over “navigable” waters. But Obama’s EPA wants to control water anywhere you can float your rubber duck.
On June 29, 2015, Montana Attorney General Tim Fox joined with 12 other states to sue the EPA over its “Clean Water Rule.” Fox says this new EPA rule infringes on the Montana State Constitution, damages federalism, and goes against the Clean Water Act.
On August 28, 2015, Chief Judge Ralph Erickson, of the U.S. District Court of North Dakota, agreed with Tim Fox. Erickson put a temporary injunction against this EPA action. Erickson expects the 13 states to prevail against the EPA in the trial.
Erickson intended his injunction to apply to all states. But the EPA claims his injunction applies only to the 13 states in the lawsuit.
The EPA begins its actions under its Clean Water Rule in the other states today. These states lost this round because they did not elect good Attorneys General.
AG Tim Fox is on constant watch for federal intrusions on Montana’s rights. He supported the CSKT Water Compact which also stops the feds from controlling Montana’s water.
The 13 lucky states are Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.