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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.
Thank you for this information.
I get to beat Hank to this statement again...Figures !!!!!!!!!!!!
Nice find, more room to think, about the CFR Think Tank in America. It looks more like a pond then a right of way passage.
Wrong... this use of CFR here doesn't apply to the Council on Foreign Relations.
Instead it means: Code of Federal Regulations - (CFR)
"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."
Well fancy that Ronald....thats to cute...:)
So who is the Federal Government? A fiction full of impersonators.
Well that fiction certainly is bringing much pain and suffering with it... for a fiction it sure seems real.
However, if you are refering to who actually operates or controls the government in relation to who the people believe do it... your right.. The public is delusional and on a trip if they think they run their government... The concept that the people CONSENT to be governed is a fiction... Clearly supported by polls showing the People are totallay upset over the type and tennor of government.
This is out right Judicial tyranny... President Bush should pardon this man posthumously if the Supreme Court fails to throw this case out and SANCTION the EPA for bringing it. Ponds are not navigable waters... navigable waters are like highways... they go palces... they are navigable.
There are no private property rights... if you own property, know this... you have no ownership rights.. you are a leasee honored to pay taxes on government controlled lands... you can't build on them, cut trees on them, or in general use your lands without meeting government land use laws, regulations, building codes, and obtaining permits even to remodel your interior.
If you fail to meet these requirements or pay your taxes you will be put off your land... and worse may be driven into bankruptcy trying to defend your rights or too pay for fines levied by the government for actions that you should be able to take on your own land.
CFR Think Tank in America
He's looking it up first before he responds. He doesn't know it's history. Give him time.
I do not think he will. CFR is also a British PAN group, they have passed several laws in the USA. I found this out at the Jewish owned Twitter Administration in California.
Maybe he has looked at the membership roster.