In article ,
Andy Asberry wrote:

EPA Docket Number CWA-06-2004-2733

I spoke with the fellow yesterday. They also required some concrete
structures in the creek to slow the flow of water. Now THAT sounds
like a hazard to navigation.

I stand corrected on one point: the $11,000 per day UP TO A MAXIMUM OF
$27,500. A hearing on August 22 so he can protest the civil penalty.

My brother is involved in one of those $25.000/day penalties in KY
involving the EPA and his creek. That's $25,000/day administrative
assesment, no right to a jury trial since it's not a 'fine'.

He has a sharp legal mind (after sucessfully crossing swords with the
IRS) and looked into it deeper, and found that the EPA has been
frightening (terrorizing) its victims into signing a consent decree to
avoid the threat of $25,000/day. After the victim signs the consent
decree, he discovers that the terms are impossible and he is in worse
shape than before, and has NO legal recourse because he signed on the
dotted line. My brother refused to sign and demanded a hearing - it
swiftly became obvious that the EPA didn't even know how to hold a
hearing, they bungled it so bad. He is now trying to get the issue into
a real court and raise a number of fundamental constitutional issues.
The KY EPA is now stonewalling him, hoping the whole thing will go away.
They have already lost the case, but it will not become precedent unless
he takes it to an appeals court.

BTW, anyone know a good reporter who can handle a HOT issue, as well as
a good lawyer to do a pro bono case that might go to the Supreme Court?
This issue is so hot that the Ky Farmers Assn will not touch it, they
are bought off.

--
Free men own guns, slaves don't
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