[Ed. – I don’t know off the top of my head if a federal agency has implemented new rules on this selective basis before. But it doesn’t really matter; it should, by rights, be considered an unequal application of the law, and inadmissible under our constitutional principles. The wheels are no longer even in the same zip code as the bus.]
President Obama’s push to extend the EPA’s regulatory hand to ditches and small streams to enforce clean water rules was blocked Thursday by a federal judge, who said the administration had overstepped its bounds in trying yet another end run around Congress.
Judge Ralph R. Erickson called the Environmental Protection Agency’s attempt “inexplicable, arbitrary and devoid of a reasoned process,” and issued an injunction preventing the EPA and the U.S. Army Corps of Engineers from claiming oversight of millions of acres of land that contain small bodies of water.
The EPA, though, said it will only honor the injunction in the 13 states that had sued, and will move forward with the rules in the rest of the country.
“In all other respects, the rule is effective on August 28,” the agency said in a statement. “The agencies are evaluating these orders and considering next steps in the litigation.” …
Judge Erickson is the latest in a long list of federal judges to rule Mr. Obama overstepped his boundaries in pursuing his domestic agenda.