Ninth Circuit Court
Joseph D. Robertson
HMCS(FMF)ret send us a story about Mr. Joseph D. Robinson, over-reaching Big Government, and a surprise finding from an unexpected source. The story:
Appeals Court Vindicates Veteran Jailed for Digging Ponds on His Property
By Matthew Vadum
Taking a cue from the Supreme Court, the 9th Circuit Court of Appeals has vacated the conviction of U.S. Navy veteran Joseph D. Robertson, who languished in prison for a year and a half for digging fire protective ponds near his home outside Basin, Montana, without federal permits.
Federal regulators claimed that Robertson interfered with “navigable water”—a small ditch with a trickle of water—when he dug the ponds. The Environmental Protection Agency declared the ditch a federally protected waterway under the Clean Water Act and required a federal permit—even though his home is 40 miles from the Jefferson River, the nearest navigable waterway.
Robertson died March 18, at age 78, while still on parole after serving the prison sentence. He used to operate a business that supplied water trucks to fire-fighting agencies. Robertson was also fined $130,000. In November 2018, he asked the Supreme Court to look at his conviction after it was upheld by the 9th Circuit.
On April 15, the Supreme Court quietly granted Robertson’s petition without even hearing oral arguments. The high court vacated the judgment of the 9th Circuit, remanding the case to the circuit court to consider whether the case was moot. Weeks before that, the Supreme Court agreed to substitute the petitioner’s wife, Carri Robertson, to represent the estate as petitioner in place of Robertson.
Read the rest of the article here, proof that even a blind chipmunk finds the occasional acorn: The Epoch Times
Thanks, Senior Chief.
Category: "Teh Stoopid", "Your Tax Dollars At Work", Crime, Government Incompetence, Guest Link, Legal, Navy, Veterans in the news
Wow, the Ninth Circus Court of Schlemiels got one right one more time. Please be quiet folks, I want to hear the sound of liberals’ heads exploding while they screech and scream!!! 😀 😀 😀
Yeah, but only after they got it slapped back in their face by SCOTUS. As much as the 9th Circus likes getting things wrong, they know better than to do it wrong the second time.
“the sound of liberals’ heads exploding”
I once saw it happen but the event was rather quiet. Sort of like lancing a boil.
Bet the same sort of stuff came out, too, didn’t it?
What a cluster. Wonder how much the jail time and stress from it all might have contributed to his death?
Crap like this negates any of the positive work that EPA has done to clean up real problems. Another example of the nanny state reaching to far into people’s lives and property rights. SMH
A veteran is imprisoned for exercising his constitutional rights on his private property. Sounds more like something out of Stalinist Soviet Union than the USA doesn’t it?
Do not ever lose sight of the fact that this was the kind of federal overreach being pushed on us by the Obama/Democrat regime in its efforts to fundamentally change America. If we don’t do everything we possibly can to ensure Donald Trump’s re-election in 2020, you can bet the farm we’ll see such federal tyranny reimposed on us by ANY socialist democrat administration.
There couldn’t be a better example of what lies in wait for us if we let those power-hungry bastards win.
You’ll also find this article interesting, as it points the finger at the EPA during the Obama-era fusterclucks that were over-reaching in the extreme.
https://www.theepochtimes.com/how-environmental-justice-hurts-poor-communities-part-ii_2683814.html
The un-civil service side of the government needs to be trimmed back extensively, and told to get over itself.
Good linky, Thanks Ex. “…trimmed back extensively….” Word! See my comment on the BLM thread re, cutting ALL of them by at least 1/2.
oblowme’s policies just another example of black on black crime? Or was that his white privilege side coming out?
To be frank, 5th/77th, I don’t think it was ether of those things. In my view, he was so incompetent that if someone threw a bright idea at him and it stuck to the “wall” he had for a brain, he went with it.
I can surely agree with that Mi’Lady. I may need to divert some of my kilowatts from the Trane to the sarc light. Many of my black friends and co-workers had reservations about the “chosen one” when he FIRST ran, citing the lack of experience. They,even then, could not trust dasHildabeast and latched onto the whole hope and change idea. Many of them did not support him the second time around and when the dims throwed the Bitch of Benghazi into the ring, it drove some of those yellow dog democrats straight onto the Trump Train.
We all know that the President is basically a powerful figurehead that can try to get things done, but the real power lies in the Congress. I blame the congress critters and the entrenched gubmint lakeys on most of the problems we have in this country today. Repubs and Dims!
Just remember, the vote to impeach Pres. Trump was voted D-O-W-N, ‘no impeachment’, 332 to 95, with 95 Democrats voting to keep the resolution alive and 137 of their colleagues siding with Republicans.
I think that, if dTrump had NOT done that last bit of twitterpating about the Four Horses’ Asses, there might not have been such unity all of a sudden.
Or was it siding against Green?
It’s shit like that this that extend beyond over reach….it’s an entire unelected ruling class able to make laws without repercussions all in the name of some great imagined good.
Some dickhead at a desk decides your pond is an illegal federal interference and then unleashes the full power and weight of the government on you for trying to protect your own property. The Founders would be rolling in their graves over this bullshit.
It is despotism, VOV. It isn’t anything else.
This has all been enabled by the SCOTUS in the Chevron and Auer decisions, which are only now starting to be rolled back. The original idea that the judges should show deference to the subject matter experts (i.e. the government bureaucrats) might seem good on its face, but it essentially lets these agencies interpret law however they want without any oversight.
dickhead-at-a-desk/bureaucrat.
Definition: Bureaucrat – A pin-headed moron, too dumb to get an education, too lazy to get a job, gets a position within a bureaucracy, assumes authority, and makes life miserable for all.
In 1966 I stood in a flag-adorned room in Montgomery, Alabama and swore to defend the Constitution against all enemies, both foreign and domestic. Little did I know that the greatest enemies of the Constitution would be domestic.
Ultimately, I have failed to honor that pledge. I have yet to shoot my first bureaucrat.
Some of these govt. agencies really have a lot to be desired. A number of years ago when I was with one of the two Fire Depts but forget which one when the incident happened, there were Fire Dept crews trying to effect a confined space trench rescue without the aid of trench plates, plate jacks, heavy timber shoring material etc and just using shovels and their hands to effect the rescue of the worker who was up to his chest in dirt so osha comes along and decides to give the Dept. a heavy fine because they didn’t have the right equipment on scene to effect the type of confined space rescue/extrication so after it hit the papers, there was an uproar about OSHA would rather see a person expire in that kind of situation even though the crews saved the worker and didn’t have the right tools to do it the way OSHA required. OSHA does follow NFPA codes/standards but I don’t know what the story was years ago with NFPA codes. Any of you active/retired Fire Fighters out there help me out on this one or do you remember the above incident/story.
Sorry, we can’t save your life because we haven’t gotten the proper permits from city hall. Now if you were politically connected, we could get those permits in time to save your life. As it is, we’ll have them in 3-5 business days, so hang in there, buddy!