Editorial Board, Washington Examiner:
This past fall, federal courts put a temporary halt on the Environmental Protection Agency’s attempt to redefine “waters of the United States.” The well-known rule would expand EPA power over nearly every wet patch in America, including puddles. But this is not the only important case in the courts today about federal control of water.
Back in 2009, when the new Waters of the United States rule was still just some bureaucrat’s bad idea, the EPA began a separate power grab. And the Supreme Court may soon choose to review it.
Near the beginning of his first term, President Obama issued an executive order on “Chesapeake Bay Protection and Restoration.” It called on EPA to develop a plan that would impose new responsibilities to limit each source of pollution within the bay’s watershed, which extends as far west as West Virginia and as far north as central New York state.