No court for you! Fifth Circuit denies right to appeal wetlands determinations

What recourse do you have if the feds say your property contains wetlands and you disagree?

According the the Fifth Circuit, you’re out of luck.

Circuit Judges Reavley, Davis, and Higginson (appointed by Presidents Carter, Reagan and Obama) ruled in Belle Co. v. Corps of Engineers that landowners cannot appeal determinations by the Army Corps. of Engineers that their land contains federally controlled wetlands to the courts.

You can read the full decision at

The judges held that landowners must go through the entire costly ordeal of seeking a permit under the Clean Water Act (CWA) before they can challenge the Corp.’s determination. The judge’s convoluted rationale was that the government’s determination that your land falls withing the jurisdiction of the CWA is not final, however, for people seeking to use their land, final is just what it is.

In effect, if the feds say you have wetlands and you reply, “no I don’t, my land’s dry,” there’s nothing you can do.

This decision will not only make it harder and more expensive for people to use their own property, it is likely to discourage some landowners from developing their property at all.

EPA is currently accepting public comments on its proposed rule to broaden the definition of what constitutes “Waters of the United States” (WOTUS) under the CWA to include just about every occasionally damp ditch and puddle in the nation.  This will bring vast new parcels of land under federal control.SignPetition

There’s a nationwide outcry going on over EPA’s WOTUS land grab and it’s not pretty for the Obama Administration.

Farm Bureaus and free market think tanks like CFACT have labored long and hard to educate the public about WOTUS and to encourage citizens to speak up before the public comment period expires October 2oth.

You can sign CFACT’s public statement to EPA here. Please circulate it to a friend.

Gina McCarthy

Gina McCarthy

Efforts to educate the public about EPA’s new WOTUS rule are having an impact.  EPA Administrator Gina McCarthy actually said, “I have never proposed anything that I thought would be so well-received as this that has fallen totally flat on its face.”

EPA would like the public to believe its new rule to be benign, but landowners aren’t buying it.

Green-Left gadflies consider the Clean Water Act to be among their most potent weapons for thwarting economic activity.

On Monday Green campaigners used a bogus rationale about water to convince the Oregon Department of State Lands to deny a permit to Ambre Energy to export coal from Oregon’s Ports to Asia.  The Australian energy company’s plans would have created 3,100 jobs and generated billions of dollars of economic activity.  The plans were blocked when Oregon officials ruled that trace amounts of coal dust would hurt fisheries used by native American tribes.

If EPA’s WOTUS rule goes through, the Green’s ability to control land with this kind of trumped up rationale will magnify many fold.


Help CFACT collect as many signatures as possible.

Together let’s tell EPA to “ditch this rule!”

Soup nazi no court for you z

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About the Author: CFACT Ed

  1. frank

    What we are dealing with here is the same “alien jurisdiction” complained of in the Declaration of Independence that “fundamentally altered our form of government” that our Founders rebelled against and fought a Revolution to free us from.

    This is the international commercial Law of the Sea called admiralty jurisdiction. You can learn about it in DeLovio vs. Boit and Ramsay vs. Allegre. This military commercial “world law” law does not recognize and protect rights; it enforces legislated positive law and contract.

    This authority is administered by the federal government, which was established to regulate commerce and warfare. Only State governments exercise the common-law of liberty to protect our God given unalienable natural rights.

    The 14th Amendment forced the Law of the Sea back onto the land by forcing State governments to violate their State Constitutions. This was the real cause of the Civil War. There is no “federal” Americanism.

  2. silentfor56years

    This is another step to the guberment taking ownership of the rain. Once the own it they will tax it.

  3. firftrmark

    The 1934 mentality of this administration along with the SS (EPA) the citizens of this country will be controlled , all for our own good. 2014 looks like 1934 ,UTOPIA ,,,how wonderful it will be!

  4. Robert C. Whittaker

    Have you heard of the United Nations Agenda 21 / America’s Sustainable Development? That is where the EPA is getting its land water management objectives.

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