Cuccinelli: The EPA would do well to remember that we’re a nation of laws, not men

posted at 1:51 pm on January 4, 2013 by Erika Johnsen

The odd-year gubernatorial election of what now feels like a solidly purple Virginia (…dagger) could potentially serve as a bellwether of which way the national attitude is trending after almost a year into President Obama’s second term, and conservative Attorney General Ken Cuccinelli will be facing former DNC chief Terry McAuliffe in what will likely be a pretty rough race.

One of the items on which the Obama administration has already started moving “forward” in the more politically safe second-term-secured atmosphere is all of the regulations on which they were rather conspicuously holding back before the election, with the Environmental Protection Agency’s many determinedly zealous ideas for regulating our air and water figuring largely among them. The Clean Air and Water Acts have so far been some of the biggest legal boundary-busting culprits employed by the Obama EPA, and AG Cuccinelli just pulled out a major victory leading a case in which he argued that the EPA was trying to categorize water itself, rather than just the sediment in it, as a pollutant in order to further expand their authoritative whimsy over both it and us. Winning:

A federal district judge Thursday shot down a “novel” EPA attempt to regulate the flow of water as a pollutant, stopping dead in its tracks what otherwise would have been a major regulatory expansion. …

Cuccinelli personally argued the case before O’Grady on Dec. 14, warning the EPA’s attempt to regulate the flow of water into state waterways would amount to a “tremendous expansion” of its regulatory power. …

Assuming the judgment withstands appeal, it would spare Fairfax County an estimated $300 million in compliance costs. Nationwide, three other lawsuits against the EPA’s recent assertion of its authority to regulate water flow are pending. …

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …

“You know it’s bad when a partisan Democrat board of supervisors, like Fairfax County, will join us to sue the EPA,” he said. “That’s how bad it’s gotten.”

Governor McDonnell was definitely on board in support of both the lawsuit and Cuccinelli’s efforts:

Speaking about the ruling, Governor Bob McDonnell said, “The Commonwealth has just saved taxpayers an estimated more than $300 million by prevailing in a lawsuit against the U.S. Environmental Protection Agency (EPA) for unlawfully attempting to regulate water itself as a pollutant. The EPA tried to regulate water as a pollutant in the Accotink Creek watershed. This would have required the Virginia Department of Transportation to spend at least an additional $70 million to retrofit its existing facilities and redesign new projects to comply with the regulations. Fairfax County would have had to spend more than $300 million to comply with the EPA mandate. Over time the regulation would have impacted numerous other projects, costing even more and having a negative impact on future job creation. …

This ruling today is a testament to Attorney General Ken Cuccinelli’s good work to fight back on economically harmful, and unnecessary, regulations. The ruling will save millions of dollars now and much more in the future. It is a positive victory for the taxpayers of Virginia.”

If there’s anything that can get grassroots conservatives fired up for an election, it’s the federal government’s persistent displays of simply trying to do what they want, when they want, the economic and personal costs be damned — and Cuccinelli having spearheaded takedown will almost certainly be an excellent selling point on his gubernatorial-race resume in the coming months. The EPA is constantly raining (reigning?) down on businesses and communities with their bureaucratic ambitions that are based not so much on accurate science as political science, and a local-level example with bipartisan support like this isn’t a bad win to have in your back pocket.


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…what men?

KOOLAID2 on January 4, 2013 at 1:52 PM

…what laws?

KOOLAID2 on January 4, 2013 at 1:53 PM

…laws are for sheep!

KOOLAID2 on January 4, 2013 at 1:53 PM

…not for the elite…in Washington

KOOLAID2 on January 4, 2013 at 1:54 PM

If there’s anything that can get grassroots conservatives fired up for an election, it’s the federal government’s persistent displays of simply trying to do what they want, when they want, the economic and personal costs be damned

….it worked so well for us 2 months ago!

KOOLAID2 on January 4, 2013 at 1:55 PM

This is what happens with millions of useful idiots vote a communist into office and it’s only the beginning of the ongoing power grab. Obama will eventually make Hugo Chavez look like Ronald Reagan.

cajunpatriot on January 4, 2013 at 1:55 PM

The EPA should be the first government agency to be cut by at least 90%… The EPA is a cancer on the American industry and the faster it dies the better it is for the nation economy…

The EPA has 17,000 full time employees and has a budget of approximately $ 10 billion a year… Reduce their budget to 1 billion a year and their employees to less than 1000… Right there in one totally insignificant and destructive agency we can save 9 billions dollars a year…

mnjg on January 4, 2013 at 1:56 PM

This ruling today is a testament to Attorney General Ken Cuccinelli’s good work to fight back on economically harmful, and unnecessary, regulations. The ruling will save millions of dollars now and much more in the future. It is a positive victory for the taxpayers of Virginia.”

…isn’t Virginia the state that put Mitt in “over the top?”

KOOLAID2 on January 4, 2013 at 1:56 PM

This guy is just a fool.

We’re a nation of the Ruling class and serfs. The same as in all of recorded history.

Oh sure, we have that veneer of a representative republic but he obviously doesn’t get his news from The Daily Show or TMZ, or E!

PappyD61 on January 4, 2013 at 1:59 PM

Let’s elect KOOLAID2 for governor of Virginia, instead. :)

22044 on January 4, 2013 at 2:00 PM

We should sue to classify EPA regulations as paper pollutant.

Archivarix on January 4, 2013 at 2:00 PM

If water is a pollutant, then 70% of the world is polluted.

RDH on January 4, 2013 at 2:00 PM

Terry McAuliffe

I used to think (during the Global Crossing scandal days) this guy was a joke and NO ONE with a brain would vote for someone like this.

Then 2008 and 2012 happened and I realized that we’ve become the UNITED STATES OF KARDASHIAN and we have Joe Biden as VP and once you absorb those two facts…….anything is possible.

PappyD61 on January 4, 2013 at 2:01 PM

SOMEONE finally dares to get past Nov. 6.

More of THIS.

FlaMurph on January 4, 2013 at 2:01 PM

Go Cuccinelli!

22044 on January 4, 2013 at 2:01 PM

When top level people look down,they see only sh*theads;
When the bottom level people look up,they see only azzholes.

Schadenfreude on January 4, 2013 at 2:01 PM

If conservatives want to win any future elections, they’ll have to buy the companies that make the voting machines.

The Rogue Tomato on January 4, 2013 at 2:02 PM

Don’t worry, Cucinnelli will soon say something stupid about abortion and lose this election.

But this is a very big victory over EPA.

rockmom on January 4, 2013 at 2:02 PM

Good for you Cuccinelli and good for Vigrinia! It seems the epa is not doing all that well in courts now days?

The epa is one fed agency that needs the boot or at least not funded any longer!
L

letget on January 4, 2013 at 2:03 PM

Yeah, right. Dreamer.

totherightofthem on January 4, 2013 at 2:06 PM

Let’s elect KOOLAID2 for governor of Virginia, instead. :)

22044 on January 4, 2013 at 2:00 PM

…can’t!…HE’S NUTTS…!
He would tar and feather progressives on a daily basis…just for the local news stations!…he ain’t wrapped too tight!

KOOLAID2 on January 4, 2013 at 2:07 PM

…isn’t Virginia the state that put Mitt in “over the top?”

KOOLAID2 on January 4, 2013 at 1:56 PM

It would have if they had only counted the legitimate votes. I saw fraud in my polling place and there were countless other examples. Yet, Boehner and the RNC promised not to sue. I sure hope they don’t make that mistake again because, make no mistake, the rat-eared bastard may still be President but he didn’t win the election.

Happy Nomad on January 4, 2013 at 2:09 PM

Cuccinelli: The EPA would do well to remember that we’re a nation of laws, not men

That ship has already sailed my friend. We are now living in a soft boil thugocracy.

BigGator5 on January 4, 2013 at 2:12 PM

Let’s elect KOOLAID2 for governor of Virginia, instead. :)

22044 on January 4, 2013 at 2:00 PM

See, and I was hoping he lived in Maryland so when the law kicks in where the police can confiscate your guns the minute somebody reports that you’re crazy as a loon….. 1201 am there’d be a knock at the KOOLAID abode.

Happy Nomad on January 4, 2013 at 2:12 PM


When top level people look down,they see only sh*theads;
When the bottom level people look up,they see only azzholes.


Schadenfreude on January 4, 2013 at 2:01 PM

I am so stealing that!!

Scrumpy on January 4, 2013 at 2:14 PM

KOOLAID2 on January 4, 2013 at 2:07 PM

We need you!!

Scrumpy on January 4, 2013 at 2:15 PM

When’s this Cucinnelli guy from? The 1700′s? In America today law enactment and law enforcement are completely arbitrary. Work honestly and you’ll be punished. Back a progressive cause and you’ll be exempted.

ROCnPhilly on January 4, 2013 at 2:16 PM

The EPA should be the first government agency to be cut by at least 90%… The EPA is a cancer on the American industry and the faster it dies the better it is for the nation economy…

The EPA has 17,000 full time employees and has a budget of approximately $ 10 billion a year… Reduce their budget to 1 billion a year and their employees to less than 1000… Right there in one totally insignificant and destructive agency we can save 9 billions dollars a year…

mnjg on January 4, 2013 at 1:56 PM

We can’t do THAT! If we do that then water will pollute our cities and everyone who doesn’t drown will die of cancer brought on by lightbulbs! We need the EPA to save us from those horrible threats to life and limb!

/S

Lily on January 4, 2013 at 2:16 PM

Cuccinelli is The Man. No one in the GOP is going after the Left as he is.

rrpjr on January 4, 2013 at 2:16 PM

Scrumpy on January 4, 2013 at 2:15 PM

…then we’re all in trouble!

KOOLAID2 on January 4, 2013 at 2:17 PM

Don’t worry, Cucinnelli will soon say something stupid about abortion rape and lose this election.

But this is a very big victory over EPA.

rockmom on January 4, 2013 at 2:02 PM

That’s the pattern, anyway.

But TC is too smart for that, he is a sharp guy and a canny politician. Akin and Mourdock were schlubs.

iurockhead on January 4, 2013 at 2:17 PM

If conservatives want to win any future elections, they’ll have to buy the companies that make the voting machines.

The Rogue Tomato on January 4, 2013 at 2:02 PM

And ban union employees from servicing them.

ROCnPhilly on January 4, 2013 at 2:18 PM

Let’s elect KOOLAID2 for governor of Virginia, instead. :)

22044 on January 4, 2013 at 2:00 PM

…can’t!…HE’S NUTTS…!
He would tar and feather progressives on a daily basis…just for the local news stations!…he ain’t wrapped too tight!

KOOLAID2 on January 4, 2013 at 2:07 PM

Hmmm, let me get out my old school balance scales, on one side of the scale we have “tar and feather progressives on a daily basis” and on the other we have “Destroy the Constitution as quickly as possible”…

Man that looks like it’s going to be a might difficult decision to make… o_O

SWalker on January 4, 2013 at 2:18 PM

KOOLAID2 on January 4, 2013 at 2:17 PM

Bring on the Tar and Feathers!! I’ll bring a pitchfork ;-)

Scrumpy on January 4, 2013 at 2:18 PM

EPA attempt to regulate the flow of water as a pollutant

Dihydrogen Monoxide!!!!1!!11

iurockhead on January 4, 2013 at 2:19 PM

“I won”…that is what they voted for, that is what they got, sit down and accept your fate, the fate you chose.

right2bright on January 4, 2013 at 2:22 PM

iurockhead on January 4, 2013 at 2:19 PM

I remember that!! lmao…

Scrumpy on January 4, 2013 at 2:23 PM

“EPA’s thinking here was that if Congress didn’t explicitly prohibit the agency from doing something, that meant it could, in fact, do it,” said Cuccinelli in his statement. …

So the EPA is now a state? Or the people?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

I’m cornfused.

Akzed on January 4, 2013 at 2:24 PM

See, and I was hoping he lived in Maryland so when the law kicks in where the police can confiscate your guns the minute somebody reports that you’re crazy as a loon….. 1201 am there’d be a knock at the KOOLAID abode.

Happy Nomad on January 4, 2013 at 2:12 PM

For sure! :)

22044 on January 4, 2013 at 2:27 PM

The EPA one of the many Google this (listing of federal agencies) read’em from A – Z and you’ll see some you never heard of before and some will make you laugh. All of these are paid for with our taxes and produce nothing taxable.

mixplix on January 4, 2013 at 2:29 PM

I’ve been getting Cuccinelli’s emails for years. He’s a good candidate.

22044 on January 4, 2013 at 2:29 PM

Akzed on January 4, 2013 at 2:24 PM

Worth a read… :-)

http://thetroubledpatriot.blogspot.com/2009/03/world-has-gone-crazy.html

Scrumpy on January 4, 2013 at 2:30 PM

Don’t worry, Cucinnelli will soon say something stupid about abortion rape and lose this election.
rockmom on January 4, 2013 at 2:02 PM

Nope. He’s a different breed of cat.

rrpjr on January 4, 2013 at 2:32 PM

The EPA regulation is just the progs way of implementing “water control” so that they can address all the yearly deaths caused by this awful pollutant. It’s “for the children”, don’t you know?

djtnt on January 4, 2013 at 2:34 PM

When it comes to water, the EPA seems to be on a losing streak here.
They got their head handed to them over a mud-puddle somewhere (Idaho?) being declared “navigable waters of the United States”, and now this over storm-water run-off.
It’s unfortunate that we can’t direct all of the “storm water run off” in DC into the EPA building to flush it out, it certainly seems like it needs it.

Another Drew on January 4, 2013 at 2:35 PM

Scrumpy on January 4, 2013 at 2:30 PM

Thanks for the weekend reading…

Akzed on January 4, 2013 at 2:35 PM

VA after this last election scares the crap out of me. We have a feisty, righteous candidate in Ken Cuccinelli. They have a corrupt obnoxious, objectionable little party hack on the other. Northern VA, Richmond and Hampton Roads will all go with the hack just like with the other feckless hacks they have elected like Jim Moran and Gerry Connelly. Our only hope is that it is an off-off year election.

ironked on January 4, 2013 at 2:40 PM

Sorry you’re wrong Cuccinelli. We are a nation of opaque bureaucratic procedures, neither laws, nor men. Its been this way since 1933, and most conservatives have no idea how they’re getting jobbed.

flawedskull on January 4, 2013 at 2:55 PM

This guy is just a fool.

We’re a nation of the Ruling class and serfs. The same as in all of recorded history.

Oh sure, we have that veneer of a representative republic but he obviously doesn’t get his news from The Daily Show or TMZ, or E!

PappyD61 on January 4, 2013 at 1:59 PM

I like you as much as anyone around here since you make me laugh and think even when I don’t wan to break my misery level.

However, the EPA itself belies your contention. We now in the period of the mass liberal celebration of the semicentennial or Golden Jubilee (Called 50 Year Anniversary by people who have told me about celebrations) of the book Silent Spring by Rachel Carson. It launched the whole environmental movement. I have to take a shot and add that she never had a non-government job, to my knowledge but folks in agriculture give her many props.

Aside from bedeviling the auto industry and anyone with chemicals, the EPA has felled economic giants and projects even when communities needed the jobs. Here is the EPA’s statement on the killing of a coal project (hot air mass alert):

“The proposed Spruce No. 1 Mine would use destructive and unsustainable mining practices that jeopardize the health of Appalachian communities and clean water on which they depend,” said Peter S. Silva, the agency’s assistant administrator for water. “Coal and coal mining are part of our nation’s energy future, and E.P.A. has worked with companies to design mining operations that adequately protect our nation’s waters. We have a responsibility under the law to protect water quality and safeguard the people who rely on clean water.” NYT, Jan 13, 2011.

Are the rich really running the show or do we have countervailing power?

Is losing jobs ever worth it? I wanted to talk to our POTUS about this.

I don’t know. I had a 39 year old wife die, possibly from toxins ingested by her mom as they lived (they had a home, too but loved the water) on a power boat in the Chesapeake Bay). The problem is that she was carried in 1961 in an area controlled by Dems. The state of MD was remiss but the Dem party apparently was taken care of, and the EPA was chasing firms who put Mercury and other toxins in the Bay in the late 1980s.

I guess that I wish this candidate well.

IlikedAUH2O on January 4, 2013 at 3:16 PM

…laws are for sheep!

KOOLAID2 on January 4, 2013 at 1:53 PM

Stamped over an “O” logo and you’ve got the presidential limo bumper sticker there.

onomo on January 4, 2013 at 3:16 PM

flawedskull on January 4, 2013 at 2:55 PM

+ 1 I am trying to memorize your words for others. Thanks.

IlikedAUH2O on January 4, 2013 at 3:19 PM

Perhaps the EPA actually believe that we have a dihydrogen monoxide problem?
http://www.dhmo.org/

Blindsummit on January 4, 2013 at 3:50 PM

Easy solution-De fund the EPA and every other GD unneeded DC agency.

Mr. Arrogant on January 4, 2013 at 3:52 PM

Some of you misunderstand the EPA position here. They are after total control. You guys should read so theoretical work on societies that are “Water Monopolies”. Larry Nivien has a good treatment in some of his novels as to the awful power of Water monopoly governments and their solutions to “social unrest”.

See, in a water monopoly, the State owns or controls ALL water (like what the EPA is doing). While a city will last a good long time from loss of food in an emergency (stockpiles, preppers, warehouses of food, etc), cut off the water supply and the people riot within 24 hours. Remember Katrina? They were flying in water, not food or medical supplies. Within 2 days, people will kill for water, while still carrying many pounds of rations around their middle.

This is endgame stuff.

Bulletchaser on January 4, 2013 at 5:00 PM

If it didn’t pass-thru Congress, then it is not Law; therefore, not unlawful to act in disregard therein.

John Kettlewell on January 4, 2013 at 5:21 PM

If there’s anything that can get grassroots conservatives fired up for an election, it’s the federal government’s persistent displays of simply trying to do what they want, when they want, the economic and personal costs be damned —

Now if we can get folks of Cuccinelli’s ilk involved in going head to head with Congress, Potus and the Supreme Court we’d have a chance.

Same mindset, same argument.

He!!, where do you think the EPA got those ridiculous ideas?

Tenwheeler on January 4, 2013 at 5:31 PM

PappyD61 on January 4, 2013 at 2:01 PM

Funny you should mention that. I’ve had some spirited arguments with a good friend who is an R insider, trying to convince him that if the Rs want to win they are going to need a candidate who walks, talks, and lives like the US is just another reality show, because it has become one.

The party still wants to run clean, polite candidates who use logic when they are talking to village idiots. So who’se the dummy here??

2ndMAW68 on January 4, 2013 at 5:42 PM

If the fact that an agency was not prohibited from doing something, then it can do it. If it is allowed to stand on appeal or by final judgement by the Supreme Court, wouldn’t that reasoning also reasonably apply to States attempting to impose term limits on its Senators and Representatives?

The Constitution gives age requirements and says how long a term is, but nothing about how many terms someone may be elected to or, for that matter, whether a State can recall its elected representative under State law. Since the Constitution is silent on term limits — and note that the 22d amendment had to be ratified to stop FDR from potentially becoming President for Life (actually he was because he died in office) — States should be able to set such for their representatives.

But that is expecting too much consistency on the part of the Courts. I would not mind being pleasantly surprised though.

Russ808 on January 4, 2013 at 9:57 PM

It’s clearly all about smaller government, personal liberty, and the freedom from the state’s interference in our lives. Now if you ladies would just prepare yourselves for our medically uneccesary state-mandated vaginal ultrasound probe…

plewis on January 5, 2013 at 11:00 AM

Let’s elect KOOLAID2 for governor of Virginia, instead. :)

22044 on January 4, 2013 at 2:00 PM

…can’t!…HE’S NUTTS…!
He would tar and feather progressives on a daily basis…just for the local news stations!…he ain’t wrapped too tight!

KOOLAID2 on January 4, 2013 at 2:07 PM

Just be sure you have an approved exhaust scrubber on your tar oven.

S. D. on January 5, 2013 at 4:01 PM