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Another David and Goliath Story in America

Posted by Lech Dharma on March 14, 2013

The federal Philistines are at it again: Thank heavens for organizations like Pacific Legal Foundation that help protect the “little guy’s” rights!

Santa Fe couple sue over federal land grab that labels their dry land as a “water body”

Santa Fe, New Mexico; December 11, 2012:  A Santa Fe area couple today sued the U.S. Army Corps of Engineers for labeling a dry creek bed on the couple’s property a “water of the United States” covered by the federal Clean Water Act.  The case could set a nationwide precedent for property owners’ right to challenge unjustified claims of control by Clean Water Act regulators.

Peter and Frankie Smith, who live on 20 acres off State Road 14 outside of Santa Fe, sued in Federal District Court in Santa Fe.  They are represented by attorneys with Pacific Legal Foundation, a non-profit watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.  As with all its clients, donor-supported PLF is representing the Smiths free of charge.


Feds block the Smiths from cleaning and maintaining their own land

The Smiths purchased their property, about 19 miles southwest of downtown Santa Fe, in 2005.  It was vacant, and they proceeded to build their dream home.  But it had also been used as a place to dump trash and other debris, so the Smiths began to slowly clean up the property and to manage the previously untended vegetation.  However, the Corps has blocked the Smiths from further cleanup efforts.  “Without any evidence, the government asserts that clearing brush and trash on the Smiths’ property can cause a pollution flow down to the Rio Grande, 25 miles away,” said Fry.  “But mere assertions, without evidence, won’t do.  Federal officials can’t take over someone’s private property, simply on their own say-so.  They have to offer proof for what they’re alleging.  Speculation isn’t enough.  And even if storm water could reach the Rio Grande (itself an unlikely scenario), the impact would be far too insignificant to justify the heavy hand of federal regulation.”…


One Response to “Another David and Goliath Story in America”

  1. Reblogged this on WISDOM OF THE AGES and commented:
    agenda 21? they are using the enviorment in anyway they can to stop development of every kind, that property is very beautiful, did you notice that the land was trashy before he got it and the feds didn’t worry about the trash polluting any river? notice a contradiction there?

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