Page Heading
Judicial Activism Jeopardizes Jobs
Friday, January 27, 2012 4:14 pm | By Paul Petrick

Last year the Ninth Circuit Court of Appeals once again used the Clean Water Act to bludgeon industry and property owners. In Georgia-Pacific West, Inc. v. Northwest Environmental Defense Center, the nation’s most infamous appellate court held that the Environmental Protection Agency (EPA) had been misinterpreting its own regulations for more than three decades. The EPA has traditionally considered the cultivation of trees to be an agricultural activity. The jurists of the Ninth Circuit have determined that they have the expertise to overrule decades of regulatory precedent and deem forestry a manufacturing activity. Unfortunately for the two and half million Americans employed by forestry, this ruling poses an existential threat to their livelihoods.


The Clean Water Act stipulates that runoff from manufacturing concerns be strictly regulated by the EPA. If the Ninth Circuit decision is upheld, storm runoff from forest roads would require a permit and be subjected to a myriad of new regulations. If the increased compliance costs do not decimate foresters, the litigation will. The Clean Water Act has long been utilized by well-funded environmentalists as justification for bringing industry to court.


The Ninth Circuit’s ruling has been appealed and the Supreme Court will decide whether or not to grant the appeal at the end of its current term. Last December, the Court asked the Solicitor General to file a brief detailing the position of the Obama Administration. As the nation struggles with stubbornly high unemployment, the Obama administration should consider the needs of the twenty-six states that have filed amicus curiae briefs petitioning the Supreme Court to hear this case. If not overturned, the Ninth Circuit Court of Appeals will once again have burdened job creators with millions of dollars in lost time and money. The reigning Supreme Court justices should not let the regulation of rainwater rein in economic growth.
 

Tags: Enviro Federal | Permalink | Comments

Any state with a low income and high debt (thats most of them), will try to reduce its expenditure on employees salaries including foresters REGARDLESS OF THE REGULATIONS for classifying forest land use for manufacture and not agriculture. This makes the detail of run-off a waste of legislative effort. Its time the administration got down to answering to the basic facts, that productive land that is being held unused or not being fully used to its best potential, is causing unemployment and that when the land is producing something more than marginally, its greater than marginal product gives the land owner an unfair advantage, for which his speculation and waste is dangerous to national progress.
David Chester / Petach Tikva, Israel January 31, 2012 31:21 am

Won't stop paeckt sniffing.Remember folks, email = shouting in public.Compelling ISPs to give up email is about the police being technically incompetent, and having the ISP do the work for them.
Bebe / MuRwWoHPTqTLYn February 21, 2012 21:07 am

40UTfb toakghhfzecp
kbmsiceb / HdevjfilPFyeCUdGDTX February 23, 2012 23:57 am

OaBLLt , [url=http://jhzykyftciqy.com/]jhzykyftciqy[/url], [link=http://wlcyfvsfhfrs.com/]wlcyfvsfhfrs[/link], http://jygqoutuqfva.com/
dxbldjdy / KURTFsvoWTfHRPOt February 23, 2012 23:03 am

flMcyk moqxtybmfsvz
mxsfnc / jAvUxLzhCMtTF February 28, 2012 28:50 pm

Won't stop packet fsinfing.Remember folks, email = shouting in public.Compelling ISPs to give up email is about the police being technically incompetent, and having the ISP do the work for them.
Zeriouil / CqckKuISPNkpiXngWRR March 13, 2012 13:37 pm

lDQZd7 rfwxtokhonag
bgsletma / YgefQpOdOOYUSoIsHB March 14, 2012 14:00 am

DGjz8w , [url=http://xdlpoojybqix.com/]xdlpoojybqix[/url], [link=http://ynueyejsyjqv.com/]ynueyejsyjqv[/link], http://rbmqtbrmvvst.com/
kxwyuezm / TKUqkWMICQFbgBzdgsM March 14, 2012 14:45 am

lYlSZZ hoopxguhamjn
rqktlfeap / QKnWDmYlwHY March 15, 2012 15:09 am

Been in a car accident, getting divorced, or have a legal problem? Shpoonkle.com is a free legal web site that will help you find a great lawyer at a price you can afford. Visit Shpoonkle.com today.
Ran Rhaine / Philippines April 10, 2012 10:38 am

Add a comment
Your email address will not be displayed but will be added to our contact database. If you do not wish us to contact you, please leave that field blank.
Name:     Comment:
Location:  
Email:    
 
Code: