The $16 Million Pond

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Pic via The New York Times


The United States EPA is putting it’s regulatory tentacles into everything that deals with land anymore. In a perfect government world, EPA issues would be left to the states since all the states overall have different needs due to their geographical make up.

The case below(Via New York Times) is a perfect example of the States and Feds clashing:

The pond battle has pitted Mr. Johnson, a 32-year-old welder, part-time barbecue caterer and father of four girls, against a federal bureaucracy that is, in the best of times, grudgingly tolerated out here. It erupted after officials from the Environmental Protection Agency paid a visit to the pond and, Mr. Johnson said, told him that he was facing “a very serious matter.”

In a January 2014 violation notice, the agency said Mr. Johnson had violated the Clean Water Act by digging out Six Mile Creek and dumping in tons of river rocks without getting necessary federal permits. The agency ordered him to take steps to restore the creek under the supervision of environmental officials, or face accumulating fines of as much as $37,500 a day.

Mr. Johnson refused.

After more than a year of unsuccessful negotiations, the standoff veered into a federal courthouse last month when Mr. Johnson sued the E.P.A., asking a judge to declare his pond legal and wave away accumulating fines of as much as $16 million.

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