Greg Walden: EPA ignores 170 members of Congress

4/28/2011, (Hat tip: Patricia Anderson) - Releases “Guidance” that Expands Clean Water Act Jurisdiction Against Members’ Wishes
WASHINGTON, D.C. — U.S. Rep. Greg Walden (R-Ore.) released the following statement in response to the Obama Administration’s release of a “guidance document” that greatly broadens the scope of what waters and areas can be regulated by the EPA and Corps of Engineers under the federal Clean Water Act. ∴ Last week, Rep. Walden and 169 members of Congress sent a letter to the Environmental Protection Agency (EPA) expressing strong concern about the agency’s plans to circumvent the proper regulatory rulemaking process and push through a dramatic expansion of federal control over non-navigable areas that previous congresses were not supportive.

“I am disappointed that the administration ignored the objections of so many and is pushing through this guidance that will bring new land and features under the scope of the Clean Water Act,” Rep. Walden said. “I’m pro-clean water and very supportive of improving the cleanliness of our water, but am worried that this guidance will dramatically shift the focus of our clean water laws to questionable areas to the detriment of our rural communities and businesses who operate in them. I look forward to congressional committees holding oversight hearings to shine a light on this expansion of federal control and the process by which they are going about it.”

“This is just one more example in a stunning series of regulatory maneuvers by this administration to tighten its grip around the way of life in the West,” Rep. Walden added. “Growing up on a cherry orchard in The Dalles, I’ve long appreciated the importance of clean air and water and know that Oregon’s farmers, ranchers and business owners take great pride in protecting these valuable and scarce resources.”

The effect of the guidance will be to reverse decisions by the United States Supreme Court that recognized limits to the federal government’s regulatory authority, and to undermine the long-standing federal-state partnership in the regulation of waters. This expansion will result in confusion, permitting delays, and added costs and burdens for communities, farmers, small businesses, industries and other Americans.

The Administration has issued this so-called guidance before conducting any rulemaking, which violates the principles of the Administrative Procedure Act (APA) and the intent of Congress in enacting this law. The APA sets the standards for the activities and rule making of all federal regulatory agencies, and is designed to ensure those federal agencies use open, uniform, and fair procedures. The requirements of the APA are not mere formalities.

In unilaterally developing its guidance, the Administration has ignored calls from state agencies and environmental groups, among others, to proceed through the normal rulemaking procedures, and has avoided consulting with the states, which are the federal agencies’ partners in implementing the Clean Water Act. Only now is it seeking public comment on its fully formed policy. Read More......

Look what Harry Reid Hid deep in the Health Care Bill

FROM J. Nelson (via email/2/28/2010) - THIS IS TRULY SHOCKING!!!! PRAY THAT GOD WILL CONTINUE TO PROTECT US AND GIVE WISDOM AND INSIGHT AND PROTECT US FROM TYRANNY! ∴ Buried in his massive amendment to the Senate version of Obamacare is Reid's anti-democratic poison pill designed to prevent any future Congress from repealing the central feature of this monstrous legislation! ∴ Beginning on page 1,000 of the measure, Section 3403 reads in part: " it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection." ∴ In other words, if President Barack Obama signs this measure into law, no future Senate or House will be able to change a single word of Section 3403, regardless whether future Americans or their representatives in Congress wish otherwise!

Note that the subsection at issue here concerns the regulatory power of the Independent Medicare Advisory Board (IMAB) to "reduce the per capita rate of growth in Medicare spending." That is precisely the kind of open-ended grant of regulatory power that effectively establishes the IMAB as the ultimate arbiter of the cost, quality and quantity of health care to be made available to the American people. And Reid wants the decisions of this group of unelected federal bureaucrats to be untouchable for all time.

No wonder the majority leader tossed aside assurances that senators and the public would have at least 72 hours to study the text of the final Senate version of Obamacare before the critical vote on cloture. And no wonder Reid was so desperate to rush his amendment through the Senate, even scheduling the key tally on it at 1 a.m., while America slept.

True to form, Reid wanted to keep his Section 3403 poison pill secret for as long as possible, just as he negotiated his bribes for the votes of Senators Mary Landrieu of Louisiana, Ben Nelson of Nebraska and Bernie Sanders of Vermont behind closed doors.

The final Orwellian touch in this subversion of democratic procedure is found in the ruling of the Reid-controlled Senate Parliamentarian that the anti-repeal provision is not a change in Senate rules, but rather of Senate "procedures." Why is that significant? Because for 200 years, changes in the Senate's standing rules have required approval by two-thirds of those voting, or 67 votes rather than the 60 Reid's amendment received.

Reid has flouted two centuries of standing Senate rules to pass a measure in the dead of night that no senator has read, and part of which can never be changed. If this is not tyranny, then what is?

DON'T SIT BY AND LET THIS HAPPEN IN THE DARK!!! FORWARD TO EVERYONE ON YOUR LIST!

Note: For what it's worth, NeutralSource.org refutes this claim citing a 12/29/2009 Washington Examiner.com opinion piece as partially false. Read More......

Sen. Jim DeMint takes on Sen. Jeff Merkley over HC bill provision

CNSNews.com, 1/5/2010 - Senate Health-Care Bill Provision Would Make it Impossible for Future Congresses to Repeal Parts of Bill: A provision deep within the Senate’s 2,000-page health-care overhaul bill would make it impossible, once approved, for the legislation to be repealed or changed by future Congresses -- a provision that a Senate Republican and a conservative analyst say is unconstitutional.

On page 1,020, the bill states: “It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection.”

The provision appears in Section 3403 of the Senate bill, which creates an Independent Medicare Advisory Board (IMAB). The objective of the board would be to “reduce the per capita rate of growth in Medicare spending,” which has ballooned in recent decades. The IMAB would recommend changes to the Medicare program to limit its spending growth -- recommendations that would automatically go into effect unless Congress votes to block them. Read more for the DeMint (R-SC)-Merkley (D-OR) exchange...

Notes: 1) IMAB is what Sarah Palin referred to as "Death Panels." Kudos to Sen. DeMint. 2) Sen. Merkley will hold a town hall meeting on Jan. 15. Please see Events Calendar --bc Read More......

8 Questions about health-care reform: Update

WASHINGTON POST - Last week, the Senate Finance Committee voted 14 to 9 to approve its health reform bill -- the fifth legislative committee to pass reform legislation. Here's a rundown of where things stand -- and what to expect in coming weeks. Read more at the Washington Post...

Hat tip: John H. Detweiler
John says, "Seems to be a reasonable summary of the situation." Read More......