THE EPA

THE EPA

Posted by MLB on Feb 12, 2014 5:11 pm

Anybody recall the discussion about a month ago about BLM changing a boundary that affected the ownership of about forty parcels? That was miniscule compared to this.

http://www.foxnews.com/politics/2014/02/12/wyoming-officials-prepare-for-court-fight-against-epa-ruling-that-gave-land-to/


Where did the EPA get the authority to re-direct ownership and jurisdiction? That is so far out of their scope it is almost unimaginable. It is certainly un-Constutional. I have held for some time this is a rogue agency that has extended its authority far beyond its charter. As in the Oregon case we discussed earlier Native American Lands are involved.

But in this case the Feds simply usurped state authority with the stroke of a pen.

I chose Health and Safety as the category because THAT is what the EPA is supposed to be about. Yet somehow I feel neither healthier or safer with a federal agency running amok like this.

Comments?
MLB

Re: THE EPA

Posted by nmillerpls on Feb 12, 2014 5:34 pm

All you need is a cell phone and a pen, right? What could go wrong there?
Norm Miller

Re: THE EPA

Posted by Ron St. John on Feb 13, 2014 8:40 am

Article says that Interior officials were involved, so it must be ok.  Or somebody in EPA is a CFed surveyor.

Re: THE EPA

Posted by Keith on Feb 13, 2014 12:13 pm

Surprise, surprise......why would we think that this administrations agencies would respect the Constitution and stay within the mandates of each agency?

President changes the law every other day, so why not EPA just do what they want to?

I would like to know about this:  The agency said the ruling was "consistent" with a recent opinion from the Department of the Interior, and it would "work closely" with the tribes and state to resolve any issues. 

Keith

Re: THE EPA

Posted by MLB on Feb 13, 2014 1:12 pm

Or somebody in EPA is a CFed surveyor.

Actually, what, or more accurately who, the EPA has is "Dangerous" Dave Smith. You may recognize the name. He sometimes plays the part of a surveyor on this forum.

MLB

Re: THE EPA

Posted by Keith on Feb 13, 2014 2:03 pm

Maybe we could have Dave 'splain it to us?


Re: THE EPA

Posted by MLB on Feb 13, 2014 4:57 pm

Unlikely Keith. As you know employees other than those appointed "official" spokespersons are forbidden to speak publicly on agency policy. This could also be why none of your old BLM pals want to answer your query on this forum.
MLB

Update from EPA 02/13/2014

Posted by Ron St. John on Feb 14, 2014 9:00 am

http://www2.epa.gov/region8/wind-river-treatment-same-manner-state-approval
 
From the EPA Decision Document 12/06/2013:
“The DOl Solicitor's Opinion, dated October 26, 2011, analyzes the exterior boundaries of the Wind River Indian Reservation, including a detailed analysis of the 1905 Act, and concludes that the Act did not diminish the Wind River Indian Reservation. Based on all pertinent information, including the 2011 DOl Solicitor's Opinion, EPA has prepared a thorough legal analysis of the exterior boundaries of the Wind River Indian Reservation and concludes that the 1905 Act, which opened certain Reservation lands to homesteading, did not diminish the boundaries of the Reservation (Attachment 1). This legal analysis incorporates EPA's responses to comments received pertinent to the 1905 Act's effect on the exterior boundaries of the Reservation."

DOI Solicitor opinion of October 26, 2011:
http://www2.epa.gov/sites/production/files/2013-12/documents/epawr009733.pdf


Re: THE EPA

Posted by Keith on Feb 14, 2014 12:35 pm

Thank you Ron for posting the links to the pertinent decisions!

Looks to me like the fight will be with the Secretary of the Interior for the Solictor's Decision Document that was issued on Oct. 26, 2011!

This DOI decision was prepared by Patrice H. Kunesh, Deputy Solicitor of Indian Affairs.

Enough said!

Keith

Re: THE EPA

Posted by MLB on Feb 14, 2014 1:02 pm

Keith- it's like I have said time and time again. This is a government Of the L**yers, By the L**yers, and most definitely For the L**yers. As we can see, nobody else counts.

What we have here is called "Presentism". To wit: we have taken a 1905 Law and re-interpreted it using 2014 (Social Justice) values. 
MLB

Re: THE EPA

Posted by Keith on Feb 16, 2014 3:48 pm

I don't want to explain a lot, but we did have our problems with some decisions that were made in the Solicitors Office as some branchs did not communicate with other branchs and I know that the Solicitors representing BLM did not get to "surname" some of the decisions?

Thus we had to live with the decisons.

Someone mentioned the 107th meridian and that came about after my retirement, but a monumented line was ignored because it was not on the exact 107 as defined by the latest machinery.

Politics happens!

Keith

Re: THE EPA

Posted by MLB on Feb 17, 2014 1:12 am

Thank you Keith!!! Politics it is. And unfortunately, it will always be politics. As we can see in the case in point, the Solicitors eschewed  Stare Decisis. Yes, not only are we supposed to follow the footsteps, but attorneys are allegedly bound by precedent and case law as well. But just like some surveyors, they cannot resist "fixing" things when they get the opportunity either.

But even more painful is the fact that most surveyors don't seem to understand the impact of politics on their lives and careers. In return for carefree lives working outdoors we left the business end of land ownership, title and use to "others". And then b**** about survey brokers for title companies wanting to pay only $99 for a survey only to be underbid by $88 low-ballers

My first week on the job back in '67 my boss told me "The most important thing in surveying is ticks. In the woods look out for wood ticks. On your maps be diligent with your grid ticks. And most of all, be careful of your politics." 

Nothing has changed. That icludes surveyors, even with their shiny, new four-year- degrees.
MLB

Re: THE EPA

Posted by Keith on Feb 17, 2014 4:30 pm

 "The most important thing in surveying is ticks. In the woods look out for wood ticks. On your maps be diligent with your grid ticks. And most of all, be careful of your politics."


I like that!!

Re: THE EPA

Posted by Clint Flick_7 on Feb 19, 2014 6:50 pm

I would be more worried about luna..tics

Re: THE EPA

Posted by Keith on Feb 19, 2014 7:28 pm

Clint,

You are right......now we just have to find out who the luna...tics are?

Re: THE EPA

Posted by Keith on Feb 19, 2014 9:50 pm

Clint,

Maybe you have a clue?

Keith