Monday, February 28, 2011

The EPA: The Shadow Government Of Tyranny

The Lie that Americans own their own land will increasingly become self-evident.

By de Andréa

No one knows more about fighting with the Government regulatory agencies than I do. Like Mrs. Sackett says they wear you down and financially break you and then ‘you’ give up.

I want it clearly understood right from the ‘get go’ that I truly love this Country and ‘that is why’ I truly hate this government. But this is not the Government of America. This government, by, for, and of the people, is truly not the government of the Constitutional Representative Republic that our Forefathers fought for in the Revolutionary War. And certainly, it is not the Government that my Father fought for in the Second World War, or that I served in the military to protect.

Americans have been defrauded by nearly every government agency in America into believing that the property that they worked so hard and so long for is really theirs. Or as in my case, the business that I built from absolutely nothing and that grew to supporting nine families plus my own was really mine. For twenty out of the thirty years that I ran my business I went from one threat and one court case to the next winning every time, but at great cost. This resulted in finally giving away a business worth ten times its sale price.

Even though the government is nearly always wrong they will bury you because they can. The so-called Environmental Protection Agencies are anything but protection agencies unless they consider their own protection. The EPA and their plethora of subsidiary Gestapo organizations have only one purpose, and that my friend is to establish their own bureaucratic power base. And if that means they trample on you --- or the environment in the presses, then ‘so be it’.

The following story of Mr. and Mrs. Mike Sackett is a prime example of the fraud in America regarding property rights…One just doesn’t have any. And please understand that this is not an isolated case, it is instead an example of the illegal, and out of control power, the Federal and the State Regulatory Agencies have.

A legal team is asking the U.S. Supreme Court to intervene in an Idaho controversy. They are warning landowners that under the compliance order procedures being used by the Federal Environmental Protection Agency virtually anyone could be told to pay hundreds of thousands of dollars in permit fees – or face millions of dollars in fines and penalties – over ordinary home construction work.

A petition for certiorari has been submitted to the court by Pacific Legal, an organization working on behalf of the Sackett family of Idaho. “They own” (or they believe they own) a half-acre lot in a residential area near Priest Lake, and just wanted to build a home. After applying for, and receiving a county building permit, excavation work was begun. Then the federal EPA Gestapo swooped in with a "compliance order" that required the Sackett’s to undo the excavation work and restore the nonexistent “wetlands," then leave it for three years, at which point they could “request a permit" (not necessarily receive one) that would cost them hundreds of thousands of dollars.

Or they could wait for the EPA to prosecute the alleged “Clean Water Act violations”, which could result in penalties of $25,000-plus per day. A classic case of government extortion, racketeering and “Black Mail”, they lose either way.

According to officials with Pacific Legal, the Sacketts' land had, or has no standing water or any continuously flowing water, and they would just like an opportunity to challenge the EPA's "wetlands" determination in court.

However, the 9th U.S. Circuit Court of Appeals, the most criminal and most overturned court in the land, said before a court could issue a ruling on the EPA's order, the family would have to go through a years-long, $200,000.00-plus process of formally applying for a federal wetlands permit. You see, innocent until proven guilty doesn’t exist. The Sackett’s are guilty of trying to build on an so-called environmentally protected “wetland”. It could cost them a lifetime and up to $9,000,000.00 that’s nine million American worthless inflated paper dollars for those of you that are numerically challenged, to prove their innocence. You see this is why you can’t win even if you are right and you do win.

According to the petition, "Ignoring the compliance order is no option, for several reasons. First, the CWA imposes significant civil penalties for violating compliance orders”. … Just one month of noncompliance puts the landowner at risk of civil liability of $750,000.00. A year's worth of noncompliance puts the liability at $9,000,000.00.

“The Sacketts are being hit with an unconscionable an unattainable price tag for the right to challenge the feds' power play," Damien Schiff, lead attorney in the case, said in a prepared statement.

"Basic principles of due process say that the Sacketts deserve their day in court, to argue for their property rights. As we're arguing to the U.S. Supreme Court, putting an exorbitant price tag on the pursuit of justice, and the defense of property rights, is flat-out unconstitutional." The Constitution is of course something our government has ignored for the better part of a hundred years.

Mike and Chantell Sackett explained their situation themselves: "The issue in this case is simple, but critically important to all property owners, and everyone who values fair play and due process," Schiff said. "When bureaucrats try to impose ‘their will’ [not the will of the people, as in a Representative Republic] on private property, shouldn't the owners be permitted their day in court, to challenge the government's claim of control?"

Said Chantell, "They've stopped our life … I just think they're bullying us. I think they do whatever they want." The petition explains to the high court that the Sacketts "were provided no evidentiary hearing or opportunity to contest the order."

And it explains the 5th Amendment, which states, "No person shall be … deprived of life, liberty, or property, without due process of law," should be applied.

The 9th Circuit conclusion "leaves property owners like the Sacketts in an impossible situation. Either go through with the permit process that you believe is completely unnecessary and spend more money than your property is worth, to 'purchase' [Pay Blackmail for] your chance at a day in court. Or, invite an enforcement action by EPA that may give you your day in court but only at the price of ruinous civil penalties [more blackmail] and, depending on the EPA's ire, criminal sanctions for underlying violations of the CWA."

Even the permitting process is not realistic, it argues.
"In many instances the agencies will not entertain a permit application until the compliance order has been resolved … For the Sacketts, that would mean (a) removing all the fill [that the county building permit approved of]; and, (b) restoring the preexisting [so-called] 'wetlands,' which would necessitate leaving the property untouched for a prolonged period of time," the brief argues.

"The reality of the Sacketts' situation is that they have been unambiguously commanded by their government not to complete their home-building project. But they must instead take expensive measures to undo the improvements that they have legally made to their land, and then maintain their land essentially as a ‘public park’ [further proof that one does not own ones own land] until the property is 'restored' to the satisfaction of the EPA. They have been threatened with frightening penalties if they do not immediately obey; but they have been refused the prompt hearing they should have received as a matter of their constitutional rights in any court." You can see that due process doesn’t exist anymore.

The legal team noted that between 1980 and 2001, the EPA issued more than 3,000 similar compliance orders every year across the nation. (A tidy some of extortion) The Federal EPA should be brought up on violations of the RICO Statutes of racketeering.

THE BOTTOM LINE: Does one need any more proof that Americans do not own their own property? It’s a fraud. Think about the logic of this case or any case of the permit process. One must always get permission from the owner of the property to do anything on a peace of the American dream. And that owner my friend, is the Government, weather it is the local, county, state, or the federal government. The permit process and the regulatory agencies once introduced and sold to a deceived public as a safety and protection issue has evolved into a tyrannical government control issue that “we the people” now need protection from.

I just wonder how many of you realize just how criminal and unconstitutional this really is. The Federal government has violated so many U.S. Constitutional laws, Federal Statutes, and state laws that the entire bureaucracy ‘according to law’, should be put away in a federal penitentiary for at least 300 years. But then the entire Federal Court system including, but not limited to, the Department of injustice, and the U.S. Supreme Court are also part of the destruction of the American Republic.

So when you think you are buying a piece of America, what you might be buying is just a lot of trouble. Do you think the Government has your “6”, or do they just stab you in it?

And like I said, even if you win --- you lose…

This is what happens, when a government by, for and of the people just sit apathetically by and let the Bearucrats boil the frog.

Remember governments, if left to their own volition ---will govern…

There may be hope on the horizon however: Read a related article.
Watch a video trailer called the Green Dragon
de Andréa

1 comment:

ConcernedHoustonian said...

I saw Rand Paul talking to Fox Business about your situation and trust me, you have the 100% support of the people in this country. This government is using these agencies to do some very bad things.
What is the EPA's definition of a wetland - dry dirt in someones back yard? Taking property like this is exactly what the Communists did to their people in the late 1920's and 30's. Property rights were not enforced and the government just ran people over with fines, penalties, and eventual jail time. Its absurd and infuriating.

I live in Houston Texas, right by Oyster Creek. Along that creek is about a 4 ft man made levy about 15 - 20 feet off the bank of the creek. We enjoyed this area. There were beautiful mature trees on either side of the levee with dense underbrush and all kinds of creatures dwelling there. We had rabbits and ducks making nests, birds, turtles, possums, and different forms of unique river life. It was also great for a nice walk. Animals would pop out and scuttle off. Loved it.
In order for the city to maintain it's tax budget for 2012, they had to spend all the money in 2011. Schools do this all the time. They have a "use it or loose it" mentality when it comes to the following year's budget. That's essentially what happened in this case. Their "spending bill" descended on efforts to "enhance" this 2 mile long levee. But to do that, all the trees and wildlife would be removed. Horrible.
We called the EPA to have this area which actually *was* a legitimate wetland to be protected from the enhancement efforts of the city. We wrote them, emailed them, called them, requested their assistance - nothing. It was like chasing a phantom.
I was mortified when the construction crews came out. They just started ripping all these awesome 200 year old oak trees right out of the ground. My heart sunk. Due to their lack of response, we have an ugly scene here. The lack of rain in Houston has created a dustbowl with all the this new dirt becoming exposed. All the trees, underbrush that provided sanctuary for the animals, and the animals themselves are now gone. And you can't use the walking area without returning with red dust covered shoes. Awful. I am so disappointed.

Where we *do* need the EPA is in protecting actual wetlands like the ones adjacent to Oyster Creek. Where we do not need them is in assaulting the Sackett family for building on THEIR OWN PROPERTY. There are so many stories like this across the country. The EPA doesn't do a damn thing right. It's a bloated, inefficient, stupid bureaucracy, with too much power and designed to squash property rights.

Protect the Sacketts and end the EPA.