Tuesday, July 7, 2015

Hood takes on the EPA

Attorney General Jim Hood issued the following press release:


Attorney General Jim Hood has joined in a lawsuit against the Environmental Protection Agency and the United States Army Corps of Engineers
Challenging the legality of their new rule defining "Waters of the United States" 
under the Clean Water Act

 
Jackson, MS- Attorney General Jim Hood has joined Texas Attorney General Ken Paxton and Louisiana Attorney General James D. "Buddy" Caldwell in a lawsuit against the Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (the Corps) challenging the legality of their new rule defining "waters of the United States" under the Clean Water Act (CWA).

Currently, the CWA gives the federal government limited authority to regulate the discharge of certain materials into "navigable waters," which is defined as "the waters of the United States, including the territorial seas."

Attorney General Jim Hood stated, "The new rule has the potential of shifting primary regulatory responsibility over traditional state lands and waters from the states to the federal government. It gives unlawful federal power over the states, their citizens and property owners."

The States of Mississippi, Texas, and Louisiana seek a declaration from the federal district court that the rule exceeds CWA authority and is not in accordance with the law.

The new EPA/Corps rule redefines "waters of the United States" expanding CWA jurisdiction by an estimated 4.65 percent.  The rule purports to clarify the meaning of "waters of the United states." However, in effect, the new rule broadly increases federal authority, decreases state control, and subjects broad categories of water features to federal regulation.  For example, the rule's definition of "tributaries" is broad enough to include dry ponds, ephemeral streams, intermittent channels, and ditches so long as these features are "characterized by the presence of the physical indicators of a bed and bank and an ordinary high water mark."

Attorney General Jim Hood concluded, "the rule's broad definitions and complicated standards make it unrealistic to expect that the rule will be applied consistently across the nation. The resulting expansion of federal authority will require the states to establish water quality standards for miles of newly regulated waters, and force state agencies to devote more resources to permitting activities. Landowners, farmers in particular, will have to seek permits or face substantial fines and criminal enforcement actions."

This litigation is not the first time in which the Mississippi Attorney General's Office has participated in lawsuits challenging regulatory actions taken by the current EPA administration.
•  In 2012, the Mississippi Attorney General's Office joined other states in challenging the EPA's new Clean Air Act regulations.  On June 29, 2015, the United States Supreme Court agreed with the position advocated by Mississippi and other states by finding that the EPA interpreted the Clean Air Act unreasonably when it deemed cost irrelevant to the decision to issue new regulations.  See State of Michigan, et al. v. United States Environmental Protection Agency, - U.S. -, 135 S.Ct. 1541, 191 L.Ed.2d 558 (2014).
        •  In 2008 the Mississippi Attorney General's Office filed suit challenging the EPA's primary and secondary National Ambient Air Quality Standards for ozone.  See Mississippi v. E.P.A., 744 F.3d 1334, 1341 (D.C. Cir. 2013).

Attorney General Hood will continue to advocate on behalf of Mississippi citizens against federal overreach.

9 comments:

Anonymous said...

Interesting that Mr. Hood is concerned about a federal overreach on this issue, but Gay Marriage was not considered, in his esteemed opinion, worth the battle of State's Rights. Guess he just chooses which "state's rights" he feels have been violated and federal overreach has occurred. Might be a tough election for him. Hurst has my support -- just because he's against Hood.

Anonymous said...

Hood = Obama

Anonymous said...

Had he not done this, it would be a "hot" campaign issue. But, whatever the reason, I am glad we are standing for state's rights over their own water.

Anonymous said...

Oh yes, we do not want States to have to meet clean water standards. They should be able to dump as much industrial and human waste into our waters as possible. Cities can't afford updating sewage systems and industry should be able to kill the eco-system with impunity.

It doesn't matter if there is more bacteria that can make us sick or eat our flesh or our food from the sea is either reduced or makes us sick over time.

Money and control is all that matters in life. A person is an island and doesn't have any responsibilities to anyone else. One State should be able to damage other States, it's their right.

Anonymous said...

Though I am definitely NOT a Democrat, I agree with Jim Hood here. He is trying to prevent federal government overreach and protecting Mississippi's rights. What we don't need is more federal government overreach, and their attempt to re-define waters contrary to our state's interests is not a good thing.

If you think the government is here to help you, you are already in the Kool-Aid line. The government is a corporation. It's main goal is to perpetuate it's own interests. Our federal government is NO different.

Anonymous said...

Yeah, and notice how Hood used the federal Heller decision as a basis for his opinion on government agencies in MS "legally" banning open carry of firearms in the absence of any MS law or constitutional provision for such a ban. The Heller ruling said the District of Columbia COULD ban some carry in some places, but the State of MS, except for Hood, has not done so, and the MS Constitution says they can't.

Anonymous said...

6:50, you might want to check your "facts" on that.

Anonymous said...

@at 7:47 PM
Clearly, you do not understand how our system of government operates. The SCOTUS legalized gay marriage. There is no avenue for redress for the AG to contest that fact. He has a duty to enforce the law. What would Hurst have done differently? Nothing. His little paid advertisement was full of criticism; however, he failed to say what he would have done differently. Why? Because,he himself knows that there is nothing to be done, except pull the wool over the eyes of the easily misguided among us.

Anonymous said...

Just one problem: SCOTUS does not have authority to "legalize" anything, and Congress won't impeach anyone for anything, so what to do....

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


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Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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