Big-government socialism claimed another victim days ago, leaving an elderly widow to carry on a cause for basic individual rights that were crushed under the tyranny of the federal EPA.
Joe Robertson, 80, is survived by his wife, and he served with distinction in the U.S. Navy before retiring to the big-sky country of Montana, staying busy with supplying critical water for state firefighters.
It was this business that federal EPA thugs targeted and destroyed on the fraudulent grounds that several ponds on Robertson land created a disturbance to a tiny babbling brook that bureaucrats in Washington DC classified as a navigable waterway.
Oh, the irony. The retired navy man did not see the brook as navigable.
Robertson neglected to obtain a permit, so Robertson must be destroyed, was the moniker the EPA operated by, using the oft destructive Clean Water Act.
Through an extensive and arduous legal struggle that involved the Pacific Legal Foundation, the EPA pursued the matter to an 18-month sentence on Robertson’s back that he served.
The EPA also slapped a $130,000 restitution fine on the Robertson family that syphoned their Social Security benefits for good.
Little more than a year after his release, the rouged and imposing mountain of a man, navy veteran and partner to area firefighters passed because of what his widow Carri described as natural causes.
Imprisonment and an ongoing case seeking his life and legacy didn’t help, surely, and passing away under the shadow of a 20-month active probation order is an insult this veteran did not deserve.
According to PLF attorneys, the case suffered because of unclear rulings at the level of the U.S. Supreme Court.
A PLF statement reads, “Whether this conviction was lawful depends on the definition of ‘navigable waters.’ In Rapanos v. US (a PLF case), the Court sought to define the scope of the Clean Water Act. The Court split on a 4-1-4 vote.”
Pacific Legal Foundation statement
The PLF has asked the U.S. Supreme Court to overturn Robertson’s conviction
So the EPA thugs wing it on the broad interpretation that Justice Kennedy favored, while Justice Scalia’s moderating of federal jurisdiction is ignored, though equally expressed by the Court.
Under Scalia’s plurality opinion, “Robertson would have been found not guilty, if charged at all,” the PLF stated, “since [Robertson’s] ponds are more than 40 miles away from the river, and do not abut lakes or streams.”
The PLF is pursuing a new Supreme Court review of the case, and attorneys are active processing papers in the sad routine to transfer the case to the name of Carri Robertson as petitioner.
“The PLF has asked the U.S. Supreme Court to overturn Robertson’s conviction,” they stated.
The Supreme Court is expected to decide this month whether it will hear the Robertson case’s appeal.
Da,,, Still waiting for the link to THEY... who are they? I know what the CFR is ... and it is not a THEY. It is a registry for Government regulation... not a they.
Wrong... CFR as used here doesn't apply to the Council on Foreign Relations
Code of Federal Regulations - (CFR)... means:
"The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation."
And I guess you believe these are the good guys?
And I guess you don't read what I have posted over the years... go back and review my posts... some 18 plus thousand of them.
Until then, rest assured I am not for the current debacle called our government... it is too large, over authoritive, liberal, and quickly bankrupting the nation too mention just afew of its shortcomings.
The country has been bankrupt for a long time. read the governments own docs.
The last time CFR was investigated, for using the Magna Carta in a DACA forum, CFR deleted the blog.
Hank... Wrong again
When this article refers to the CFR it is not talking about the Council on Foreign Relations.. It is talking about the 'Code of Federal Regulations' used to record and codify regulations by various government agencies... somethimes called Administrative Law.
And you support that?
No ...not just no ... H*** No. I don't support Administrative law or the use of Regulations, EO's or other administrative rules as LAW... they are not. The only Constitutional laws are those passed by Congress...
It is time to strip the Administration and its agencies of the power to legislate thru the use of Regulatory Authority... The Administration may prepare INTRENAL rules to stream line the administration of the law...
However, the agencies and offices of the Administration should NEVER be allowed to establish law by regulatory authority... punitive law or administrative. That is Congress's job... with the exception of US Military Law ... which should be the President and DOD's perview... applying only to the good order and conduct of the Military.
Trump will not do it, its strange what he is doing and I am sad, Steve needs to put up the 2020 Elections.
Many more are now believing Trump is not who we hoped for and those numbers seem to be growing. He has done nothing that affects our freedom and liberties. Many in southern VA note they still see the heavy chemtrails, too many homeless Vets and no exposure of SES. where I live we are surrounded by Navy, Marines, Seals, Air Force, and Army Bases. Plus, the CIA Langley, NSA, NASA, CIA,FBI, NRO. Our bar talk is much different than the surrounding states.
He could do the important things for the people because we know he has the tools to start draining the swamp today.
He and those in his admistration including family members have been served of this notice in detail by professional server services. And we got crickets but we do know they know what we know.