-Caveat Lector-

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---------- Forwarded message ----------
Date: Tue, 03 Oct 2000 10:06:16 -0700
From: [EMAIL PROTECTED]
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: SNET: The EPA: An Agency out of Control

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Bob's Note:  Perhaps I should, with the forwarding of this
excellent article, reiterate MY recently enacted 'Forfeiture
Law' for the private dwelling of sovereign citizens known to
the United States Postal Service, LLC, as Route 8 Box 422,
Gilmer, Texas  75644-8825...............

    "If any person or persons from any governmental,
    quasi-governmental or non-governmental [NGO] agency,
    come onto my sovereign land, up my driveway or
    approach my home with the intent to violate any of my
    God-given rights, I will shoot-to-kill, NO questions asked."

"They " will FORFEIT their life for an infraction that has, for
too long now, been taken for granted, albeit false and
incorrect, that law enforcement/government does not
always have to abide by common law or the Laws of God.
If we had just one percent of our nation (2.6 million up-
standing, God-fearing patriotic citizens) take this view
and this stand, perchance we could get our servant, our
government, to fear us instead of the master (the sovereign
citizen) fearing the servant (the "government").

Most Respectfully Submitted,
Bob Worn, Major-USAF (Retired)
Route 8  Box 422
Gilmer, Texas  75644-8825
903-734-6970

~~~~~~~~~~~~~~~Original Message Follows~~~~~~~~~~~~~~~~

The EPA: An Agency out of Control
By U.S. Rep. John Hostettler
September 29, 2000

 When it comes to government policies that impact your employment,
 property and pocketbook, who would you prefer to make the decisions -
an elected public servant from your community or an unaccountable
bureaucrat living hundreds of miles away?
    If you prefer public policies affecting you and your family to be
 made by duly elected officials, you're in good company. Our system of
 government, both at the federal level and in Indiana, is based on the
 enactment and enforcement of laws by representatives of the people.
This model has worked well for more than 200 years.
    But if you prefer to hand such decisions over to unaccountable
 and unelected outsiders, you will be pleased with the recent actions of the
 Environmental Protection Agency. This increasingly aggressive federal
 agency is eroding the ability of the people and their elected representatives
 to govern.
    In the last few months alone, the EPA has bypassed existing laws,
 ignored Congress, discounted sound science, and engaged in
 job-threatening, billion-dollar lawsuits when it couldn't get its way. EPA
actions
 threaten the livelihoods of farmers and ranchers, jeopardize manufacturing
jobs,
 and risk driving up energy costs, all without the backing of law or science.
    The latest outrage is the agency's new clean water regulations
 that threaten to turn landowners into lawbreakers in the event of a heavy
 rain. The new rules add farming, ranching and forestry operations to a
 measurement known as the Total Maximum Daily Load (TMDL), the amount of
 particles from soil and other runoff that is carried into streams, rivers
and lakes.
    The Clean Water Act required TMDL measurements only for sources
 of pollution originating from one point, such as specific industrial sites,
but
 the EPA determined that enforcing the law was not enough. The new rule
 goes so far that farmers face the need to get federal permission just to
 irrigate their crops and fields. To prevent the rules from taking effect,
 Congress added to an appropriation bill a measure prohibiting implementation
of
 the rules. But President Clinton delayed signing the bill so the EPA could
 finalize the rules without violating the law - if only by a day or so.
    As a result, the EPA will heap billions in additional regulatory
 costs onto states, local governments and landowners without making our
 water any cleaner. Many state officials believe they will be forced to spend
 their time and resources on paperwork and litigation rather than solving real
 water quality problems. The U.S. Department of Agriculture has estimated
 that just one element of the EPA's plan would cost $100 million or more
 in one year.
    A recent General Accounting Office (GAO) report questioned the
 cost and benefits of these rules. According to the report, the GAO
"found
 limitations with EPA's economic analyses of the proposed regulations that
raise
 questions about their reasonableness and about the determinations
 that the EPA has based them on."
    The report added that the "EPA provided little information of the
 benefits associated with the proposed regulations . . . [W]ithout
 information on both costs and benefits, it is difficult to confirm that
 the regulation is economically justified."
    The EPA overlooks the fact that no one has a greater interest in
 stewardship of the land and water than the farmers whose livelihoods
 depends on these resources. The agency apparently believes that its 18,000
 bureaucrats, many who work and live in metropolitan Washington, D.C.,
 care more.
    While EPA Administrator Carol Browner acknowledges that the U.S.
 enjoys "the safest, most abundant food supply in the world," her agency
 has placed tight restrictions on the widely used pesticides and herbicides
 that resulted in a safe and abundant food supply. As a result, farmers will
 be left without alternatives to some of their most important pest deterrents.
    Browner wants to declare the nation's highest-use herbicide,
 Atrazine, a "likely" carcinogen despite the fact that her agency's
 Scientific Advisory Panel unanimously rejected the proposal. The EPA
 restricted an anti-termite chemical found in nearly 800 products
 despite three separate human tests which found the product to be safe.
 It also placed restrictions on two other commonly used crop protection
products
 azinphos methyl and methyl parathion - before completion of scientific
 policies intended to guide the EPA in implementing food quality
 protection regulations.
    In other words, the EPA is making decisions impacting farmers and
 our food supply based on a political agenda, not science. And that's
 not just my opinion. The National Research Council, in an independent
 assessment of the EPA's research and scientific peer-review procedures,
 found that "[s]cience...in many cases has not even been a major determinant
 of EPA's decisions."
    Another example of the EPA ignoring science occurred in 1997 when
 the EPA made changes in clean air standards mandating that particles as
 small as 2.5 microns - a fraction of the width of a human hair and four
 times smaller than particles previously restricted - must be detected and
eliminated.
    Farmers and business owners were understandably concerned about
 these stringent and unscientific regulations, and the EPA was taken to
 court. The U.S. Court of Appeals declared the standards unconstitutional.
 The Supreme Court is expected to make a final ruling (Ha!) early next year.
    In the meantime, the EPA plans to go forward with the designation
 process, threatening to turn several Indiana communities into
 non-attainment areas. If a region is found to be out of compliance, the
 EPA can impose costly new controls on farming, business, and industry,
 driving up prices and requiring controls on items such as lawnmowers
 and charcoal grills.
    Losing in court is nothing new for the EPA. A report by Jonathan
 Adler for the Reason Public Policy Institute found the EPA wins fewer
 than half its cases before the court with primary jurisdiction over the
 regulatory activities of most federal agencies.
    But these setbacks haven't deterred the EPA from regularly
 calling up its lawyers. Why? One reason is that many of the agency's
 targets decide to settle rather than face the prospect of a long and costly
 lawsuit against the unlimited resources of the federal government. In other
 words, the EPA can accomplish its goals through extortion even when
 the law is not on its side.
    Two such lawsuits could have an impact on Southern Indiana. In
 1999, the EPA filed a lawsuit against Toyota Motor Sales USA, Inc. for
 possibly tens of billions of dollars. A few months later the agency leveled a
 suit against local electric utility plants for making "illegal" repairs.

    In the first case, the EPA asked the Department of Justice to sue
 Toyota over the "check engine" dashboard light on two- and
 three-year-old model cars. Toyota had met EPA qualifications for onboard
 diagnostics, but after 1996 and 1997 models were on the road the agency
 "reinterpreted" the regulations and sued the manufacturer for
 noncompliance. The suit did not contend that the models polluted the
 air.
    While the cars in question were not manufactured at the Toyota
 plant in Princeton, these massive, frivolous lawsuits divert company funds
 that could otherwise be directed toward further growth and development,
 employee benefits, or other positive economic initiatives for the thousands
of
 Hoosiers who work there. Fortunately, Toyota - unlike other car
 manufacturers that paid millions of dollars in out-of-court settlements
 chose to fight the suit. In February, an arbitrator ruled in Toyota's
 favor.
    Then the EPA sued 32 electric utility plants in 10 states -
 including Indiana - at the request of officials from four eastern
 states who claimed plant emissions dirtied their air. It was the first time
the
 EPA sought to crack down on air pollution in one state on behalf of another.
    What crimes had the utility companies committed? According to the
 lawsuit, routine maintenance at the facilities violated the Clean Air
 Act because the work extended the life of the plants and amounted to
 modifications without a permit. Although some of the work took place as
 long as 10 years ago, the EPA sought to impose fines of $27,000 per
 violation, per day, from the time when the work was done to the present.

    That put the utility companies in the impossible position of
 having to choose between maintenance of their plants or possible criminal
 charges and further fines. Either option threatens the reliable supply of
 electric power and is likely to cause energy costs to rise.
    All these actions have the potential to cause major economic
 turmoil without yielding any public health benefits. When given the rather
 obvious connection between livelihoods and living standards, squandering
 billions of dollars in productive assets could actually harm health and
safety,
 costing jobs and stunting growth across the nation.
    We all want a clean and healthy environment. But the EPA's tendency
 to invent policy instead of enforcing the law is a dangerous trend.
 When elected officials pass legislation they are accountable to voters.
 Unaccountable bureaucrats, on the other hand, can create policy out of
 thin air, using the weight of the federal government to coerce Americans
 into compliance.

  When that happens the people cease to govern.......................


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