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CNS Blog Attacks Biden Over Litigation Started Under Bush

Posted on June 27, 2023

A May 26 post at the deprecated CNSNews.com blog at MRCTV carried the headline “Farmers Cheer SCOTUS WOTUS Decision Returning Property Rights to Landowners from Biden’s Clutches.” Craig Bannister wrote:

The nation’s farmers are cheering Thursday’s Supreme Court ruling that American citizens, not the Biden Administration, have the right to manage the water on their property.

In 2014, the Obama Administration concocted and issued the Waters of the United States (WOTUS) rule, greatly expanding the federal government’s claim to control of water in the U.S. – including on private property – under the guise of an Environmental Protection Agency (EPA) initiative. The rule was repealed by President Donald Trump, but reinstated last year by President Joe Biden.

In Thursday’s Sackett v. Environmental Protection Agency decision, the Supreme Court issued a unanimous decision that the EPA can’t prohibit Idaho residents Michael and Chantell Sackett from building a home on their property near a wetland.

In fact, the case has nothing to do with either Biden or Obama. The Sacketts’ litigation began in 2008 — when George W. Bush was president, meaning that the litigation predates the WOTUS rule Bannister is complaining about.

As to expected from a biased writer like Bannister, he quoted only conservative-leaning groups cheering the ruling, such as the Farm  Bureau, the U.S. Chamber of Commerce and Associated Builders and Contractors. Bannister added that “ABC’s statement calls on the Biden Administration to “refrain from regulatory overreach that harms taxpayers and job creators” — even though, again, the litigation had nothing whatsoever to do with the Biden administration.

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