S.

2122: The Defense of Environment and Property Act of 2012

CURRENT SPONSORS: Sens McConnell, Rubio, Hatch, Toomey, DeMint, Lee, Coburn, Ron Johnson Endorsed by Americans for Prosperity, FreedomWorks, the Kentucky Farm Bureau, American Land Rights Association, League of Kentucky Property Owners, American Policy Center In 2005, Mike and Chantell Sackett of Idaho bought a plot of land and planned to build a home in a neighborhood where other houses have stood for years. Four years ago they filled the property with dirt and rock, preparing to begin construction. Three federal officials showed up and demanded they halt construction claiming the lot was a wetland, protected under the Clean Water Act. The EPA demanded that the property be returned to its original state, requiring that tens of thousands of dollars be spent to remove fill material and replant vegetation. The Sacketts faced $75,000 in daily fines if they did not comply, and criminal liability if they continued construction. The case of Sackett v. EPA was heard before the Supreme Court on January 9, 2012. On March 21, 2012, the Supreme Court ruled that the Sacketts did have a right to challenge EPAs compliance order in court. In a concurring opinion, Justice Samuel Alito noted that to truly fix this problem, Congress must do what it should have done in the first place: provide a reasonably clear rule regarding the reach of the Clean Water Act Allowing aggrieved property owners to sue under the Administrative Procedures Act is better than nothing, but only clarification of the reach of the Clean Water Act can rectify the underlying problem. (Sackett v. EPA) Senator Rand Paul has introduced the Defense of Environment and Property Act of 2012 to do as Justice Alito has asked, and bring common sense back to federal water policy. The bill will do the following: Redefine navigable waters to explicitly clarify that waters must actually be navigable in fact, or permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers and lakes that are connected to waters that are navigablein-fact. Excludes ephemeral or intermittent streams the streams that sometimes form when rain falls from federal jurisdiction. Restrains the EPA and the Army Corps from regulating or interpreting the definition of a navigable water without Congressional authorization. Protects the rights of states to have primary authority over the land and water within their borders. Prohibits federal agents from entering private property without the express consent of the landowner. Requires the government to pay double the value of the land to any landowner whose property value is diminished by a wetlands designation.

Environmental protection must be balanced with the fundamental American right to private property. The Defense of Environment and Property Act of 2012 will restore common sense to federal jurisdiction over navigable waters, and place reasonable limitations on agencies that have become dangerously out of control.

For more information or to sponsor, please contact Rachel_Bovard@paul.senate.gov

SUPPORT FOR THE DEFENSE OF ENVIRONMENTAND PROPERTY ACT

Given the Corps and EPAs inability or unwillingness to acknowledge any limits to their authority over nonnavigable waters, a bill of this type was perhaps inevitable. Even if Senator Pauls bill is not the last word on the subject, it will certainly enliven the debate over the scope of federal authority and perhaps result in clearer regulatory standards that would benefit both the regulating agencies and the regulated public. -Pacific Legal Foundation (PLF represented Mike and Chantell Sackett in front of the Supreme Court on January 9, 2012)

Landowners should be free to do as they please with their own property. Americans have a fundamental right to private property support S.2122, the Defense of Environment and Property Act of 2012, today. -FreedomWorks

Regulations that help keep Americas waterways clean and safe are indeed important, but these days the EPA and the Army Corps are abusing the authority they were given for a power grab at the expense of private property owners. Your legislation would rein in these out-of-control agencies and restore balance between the important goals of controlling water pollution and protecting private property rights. Americans for Prosperity is proud to support S.2122 the Defense of Environment and Property Act. -Americans for Prosperity American Land Rights will do our best to encourage our members and allies to support S.2122 and ultimately help it pass Congress. [S.2122] is a necessary step toward protecting private property rights from overkill by the EPA and Army Corps of Engineers. -Americans Land Rights Association

Kentucky Farm Bureau, the largest general farm organization in our Commonwealth and representing over 500,000 member families compliments you for introducing S.2122. Your legislation reflects our concern about the economic well-being of not only Kentuckys farmers, but also many small business owners who are affected by excessive regulatory oversight. -Kentucky Farm Bureau

Congress enacted the laws protecting the nations waters to promote navigation and prevent pollution. Aggressive federal agencies and their environmental extremist clients have, instead, hijacked them, converting them into tools to prevent reasonable land uses and extort money from property owners for the benefit of favored environmental groups and causes. The Defense of Environment and Property Act of 2012 (S.2122) is a step toward returning federal water laws to their original purposes, and toward restoring fairness and predictability to environmental protection. -James V. DeLong, Washington, DC Author: Property MattersHow Property Rights Are Under AssaultAnd Why You Should Care (1997)