WV Farm Bureau Magazine July 2016 | Page 18

Duvall, continued troubling questions regarding the Government's power to cast doubt on the full use and enjoyment of private property throughout the Nation." This isn't news to Farm Bureau: For more than a decade, we have been battling overreach by both the Corps and the Environmental Protection Agency, which share limited jurisdiction under the Clean Water Act. We weighed in several years ago in the so-called SWANCC case when the Corps claimed jurisdiction over any water body (no matter how small and isolated) where migratory birds might land. The Supreme Court said no to that scheme. EPA also tried to impose federal permitting on any livestock farm with the "potential" to discharge pollution, even if the farm never had a discharge and even though the law only regulates "discharges" to waters. Farm Bureau filed suit together with the pork industry. The court ruled against the EPA: livestock farms don't need a federal permit to operate. But both EPA and the Corps keep trying to push the boundaries--to regulate by any means possible, no matter how they have to stretch logic and the law. Again, Hawkes isn't the first time EPA has been caught overstepping its bounds. Take, for example, the case of Andy Johnson, a Wyoming farmer who recently won a long battle with EPA over an environmentally friendly stock pond for cattle on his property. Besides watering Johnson's cattle, the pond fostered wetland grasses and provided habitat fo