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This Obamacare Co-Op Was Supposed to Make Money. Instead, It Lost Over $15 Million.

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This is from The Daily Signal.

My wish is that the next president is not an Establishment Republican so this beast known as Obamacare will finally be destroyed.

A Nevada health insurance provider that received more than $65 million in taxpayer-funded loans from the federal government announced last week that it is discontinuing operations at the end of the year.

The Nevada Health Co-Op will close its doors beginning Jan. 1 because of “challenging market conditions.” The co-op will be the third of the 23 consumer-oriented and operated plans created under Obamacare to shutter.

“It is with deep sadness that based on challenging market conditions, the board made a painful decision to wind down operations of the Nevada co-op at the end of this year,” Stacey Hatfield, a member of the co-op’s board, said in a statement. “Rather than spending resources on next year’s uncertain market, we would rather make sure we protect our current members. This is all about providing the most affordable, effective health insurance and service possible.”

Co-ops were created under Obamacare to foster competition in areas where few carriers offered plans. The Nevada Health Co-Op was created in 2012 along with 22 others serving 26 states. They began providing insurance coverage in 2014, with Obamacare’s first open enrollment period.

The 23 co-ops received $2.5 billion in loans from the Centers for Medicare and Medicaid Services to help get off the ground and remain solvent. The federal government awarded the Nevada Health Co-Op $65.9 million in startup loans. It’s unclear whether the co-op will be able to repay the loans.

According to the Nevada Health Co-Op, it enrolled 14,000 consumers in 2014. However, the nonprofit insurer projected it would enroll 33,748, according to a July audit of co-ops from the Department of Health and Human Services inspector general.

The analysis from the Department of Health and Human Services also found that the Nevada Health Co-Op projected that it would make $371,000 in 2014. However, it lost more than $15 million.

“The biggest problem that they’ve got is that they can’t raise the capital they need to sustain initial operating deficits,” Ed Haislmaier, a senior research fellow in health policy at The Heritage Foundation, told The Daily Signal. “The government created the nonprofit cooperatives in such a way that there’s just no way for the cooperatives to get access to capital other than a government loan or subsidy.”

The Nevada Co-Op was not the only nonprofit insurer to lose money in 2014. Of the 23 co-ops started in 2012, just one—Maine Community Health Options—was profitable. Additionally, 13 of the 23 co-ops enrolled significantly fewer consumers in 2014 than projected.

“They’re constrained,” Haislmaier said of the co-ops. “It was a badly done attempt to reinvent the wheel with some genius deciding to make it oval instead of round.”

The co-op will continue providing coverage to its customers through the end of the year, but customers will have to purchase coverage from other health insurance companies for 2016. The Nevada Health Co-Op will continue to pay customers’ medical claims.

In addition to Nevada’s nonprofit insurer, two other co-ops created under Obamacare announced they would be discontinuing operations.

Last month, the Louisiana Department of Insuranceannounced that the Louisiana Health Cooperative would be closing its doors at the end of 2015. The Louisiana co-op received $65.8 million in taxpayer-funded loans from the Centers for Medicare and Medicaid Services.

In March, CoOportunity Health was liquidated after it reported higher medical claims than anticipated. The Centers for Medicare and Medicaid Services awarded CoOportunity with $145 million in loans.

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‘We’re really sorry’: US sends 14,000 draft notices to men born in 1800s

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This is from Fox News.

Now we know why the Federal Government is so screwed up.

How is it possible to be 100 + year old draft dodger?

 

No, the United States isn’t trying to build a military force of centenarians.

It just seems that way after the Selective Service System mistakenly sent notices to more than 14,000 Pennsylvania men born between 1893 and 1897, ordering them to register for the nation’s military draft and warning that failure to do so is “punishable by a fine and imprisonment.”

 

The agency realized the error when it began receiving calls from bewildered relatives last week.

Chuck Huey, 73, of Kingston, said he got a notice addressed to his late grandfather Bert Huey, a World War I veteran who was born in 1894 and died in 1995 at age 100.

“I said, `Geez, what the hell is this about?’ It said he was subject to heavy fines and imprisonment if he didn’t sign up for the draft board,” he said. “We were just totally dumbfounded.”

Huey said he tried calling the Selective Service but couldn’t get a live person on the line. That frustrated him even more because he wanted to make sure the agency knew there had been a mistake.

“You just never know. You don’t want to mess around with the federal government,” he said.

The glitch, it turns out, originated with the Pennsylvania Department of Transportation during a transfer of nearly 400,000 records to the Selective Service. A clerk working with the state’s database failed to select the century, producing records for males born between 1993 and 1997 – and for those born a century earlier, PennDOT spokeswoman Jan McKnight said Thursday.

“We made a mistake, a quite serious selection error,” McNight said.

The Selective Service didn’t initially catch it because the state used a two-digit code to indicate year of birth, spokesman Pat Schuback said. The federal agency identified 27,218 records of men born in the 1800s, began mailing notices to them on June 30, and began receiving calls from family members on July 3. By that time, it had sent 14,250 notices in error.

“It’s never happened before,” Schuback said.

The men are almost certainly all dead, given that the youngest would be turning 117 this year. Families of those men who received the notices can simply ignore them, he said. Their files will be deactivated and they shouldn’t receive additional communications from the Selective Service. The agency also posted a notice and an apology on its website Thursday.

The state Transportation Department, meanwhile, said it had taken steps to ensure its mistake won’t be repeated.

“We’re really sorry,” McNight said. “We apologize.”

6 Environmental Truths the Left Conveniently Ignores

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This is from The Foundry.

For the left you could say they are inconvenient truths.

 

 

According to a March Gallup poll, 50 percent of respondents thought the quality of the environment in the U.S., as a whole, is getting worse. But the reality is very different. Heritage hosted an Earth Day panel event in Apriladdressing some of the overlooked truths about the state of the nation’s environment:

1. Human freedom and prosperity lead to environmental success.

Photo: Cartoonbank.com

Studies show that wealthy countries are environmentally healthier countries. Able to worry less about meeting basic needs, wealthier societies can afford to direct their attention to environmental improvement.

earthday-2

2. We’re not running out of resources.

Kenny LeBaron, left, and his brother Joshua moved to North Dakota from Minnesota to take advantage of higher salaries due to an oil boom there. Here they service a gas and oil well near Watford City, North Dakota, on September 27, 2011. (Glen Stubbe/Minneapolis Star Tribune/MCT)

Some would have us believe that as population increases and economies grow, we are consuming resources too quickly. But this simply isn’t the case. In fact, many natural resources are renewable and respond positively to stewardship and management. As we learn more, innovate, and advance technology we develop more efficient ways to access, use, and reuse natural resources. The recent boom in shale oil and natural gas is a perfect example of this process.

3. The quality of our air is cleaner and safer.

Photo: Getty Images

Over the past 30 years (data gathered from 1980 through 2012) concentrations of each of the six common air pollutants have drastically decreased:

  • Ozone: decreased by 25 percent
  • Particulate Matter: 33 percent (data starting in 2000)
  • Nitrogen Dioxide: 60 percent
  • Sulfur Dioxide: 78 percent
  • Carbon Monoxide: 83 percent
  • Lead: 91 percent

This reduction in pollutants has happened at the same time the country has grown in wealth, population, and economic activity.

4. Although tough to measure, water quality is also improving.

Photo: Getty Images

Americans are using water more efficiently even as population has increased, and only 9 percent of the waters of the United States are considered impaired.

5. The government owns more land than it can manage.

Photo: Peggy Peattie/U-T San Diego/ZUMAPRESS.com

While the nation’s air and waters have improved in quality, the nation’s land management continues to stagnate— at best. The federal government owns some 28 percent of the United States and indirectly controls well beyond that amount through laws like the Endangered Species Act. The federal government alone owns:

  • 42 percent of Arizona
  • 47 percent of New Mexico
  • 62 percent of Idaho and Alaska
  • 81 percent of Nevada.

The government doesn’t have the resources to maintain such vast amounts of land and waters, but also because it has no incentive to steward it well. And in many cases the federal government has thwarted efforts of private citizens to improve the land.

6. Thanks in part to the big successes made in other areas of the environment, the environmental pressure groups have pitched global warming as the next great environmental issue of the day.

Former EPA Administrator Lisa P. Jackson. (Photo: Mark Wilson/Getty Images)

The result has been heavy handed regulations that treat CO2 emissions as pollutants to be cut. Yet even if one were to assume climate alarmists’ models were correct and decide to  cut all U.S. carbon emissions today—no driving or flying, no running factories, stores or homes unless they run on nuclear power, and probably best not to exhale either—this would only decrease world temperatures by 0.08 degrees Celsius by the year 2050. Former EPA administrator Lisa Jackson has herself conceded that America’s efforts alone would not meaningfully impact global CO2 levels.

Perry rips ‘out-of-control’ federal government over Texas land dispute

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This is from Fox News Politics.

Why does the federal government need to own this much land?

Is it to keep the state from using any resources  under that land?  

 

 

 

Texas Gov. Rick Perry joined his state’s top attorney on Wednesday in blasting the federal Bureau of Land Management over concerns that it may be looking at laying claim to thousands of acres of property in northern Texas.

“The federal government already owns too much land,” Perry told Fox News.

At issue are thousands of acres of land on the Texas side of the Red River, along the border between Texas and Oklahoma. Officials recently have raised concern that the BLM might be looking at claiming 90,000 acres of land as part of the public domain.

On Tuesday, state Attorney General Greg Abbott, who is running to replace Perry, raised the issue in a letter to the BLM director. He also told Breitbart.com he’s ready to “go to the Red River and raise a ‘Come and Take It’ flag to tell the feds to stay out of Texas.”

Abbott reiterated his comments Wednesday night on “On the Record with Greta Van Susteren.”

“At a minimum, (the federal government is) overreaching, trying to grab land that belongs to Texans, or worse, they are violating due process rights by just claiming that this land suddenly belongs to the federal government, swiping it away from our Texans,” said Abbott, who threatened court action. “This is just the latest symptom of what seems to be a federal government run amok that is messing in states’ rights and now messing in private property rights.”

Perry told Fox News he stands with Abbott on this issue.

“It’s not a dare, it’s a promise that we’re going to stand up for private property rights in the state of Texas,” Perry said, calling the federal government “out of control.”

The federal government is currently in a preliminary review phase, and any action on the land would be years away.

The BLM argues that any land in question was long ago determined to be public property anyway.

“The BLM is categorically not expanding Federal holdings along the Red River,” a BLM spokeswoman said in a written statement on Tuesday.

The spokeswoman referred to a 140-acre plot “determined to be public land in 1986” – an apparent reference to a 1986 federal court case. Texas landowner Tommy Henderson lost 140 acres to BLM in that case, and he claims the agency is now using that decision as precedent to pursue more property.

Perry claimed private property would be affected here, and questioned the BLM’s position.

“Is the federal government going to come back in and say, ‘you know what, Mexico used to own the state of Texas so let’s have a conversation of where the rightful ownership of this is’?” he said.

The debate comes on the heels of a tense standoff earlier this month in Nevada, after BLM tried to round up cattle owned by rancher Cliven Bundy – the product of a long-running dispute over unpaid grazing fees. Hundreds of states’ rights supporters, some of them armed, showed up to protest, and BLM back off citing safety concerns.

In the Texas matter, the Supreme Court incorporated the Red River as part of the border with Oklahoma nearly a century ago.

It’s unclear how seriously BLM might be looking at laying claim to additional boundary land.

BLM said it is merely in the “initial stages of developing options for management of public lands,” as part of a “transparent process with several opportunities for public input.”

18 Stats That Prove That Government Dependence Has Reached Epidemic Levels

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This is from Joe For America.

These numbers are mind boggling.

How long will it be before America is just a memory?

 

 

This article has been generously contributed by Michael Snyder. You can follow his regular writings, research and analysis at The Economic Collapse Blog and The American Dream. Read his recent book The Beginning of the End to get an idea of what America may look like in the very near future.

Did you know that the number of Americans getting benefits from the federal government each month exceeds the number of full-time workers in the private sector by more than 60 million?  In other words, the number of people that are taking money out of the system is far greater than the number of people that are putting money into the system.  And did you know that nearly 70 percent of all of the money that the federal government spends goes toward entitlement and welfare programs?  When it comes to the transfer of wealth, nobody does it on a grander scale than the U.S. government.  Most of what the government does involves taking money from some people and giving it to other people.  In fact, at this point that is the primary function of the federal government.

Just check out the chart below.  It comes from the Heritage Foundation, and it shows that 69 percent of all federal money is spent either on entitlements or on welfare programs…

Heritage-Foundation-460x343

So when people tell you that the main reason why we are being taxed into oblivion is so that we can “build roads” and provide “public services”, they are lying to you.  The main reason why the government taxes you so much is so that they can take your money and give it to someone else.

We have become a nation that is completely and totally addicted to government money.  The following are 18 stats that prove that government dependence has reached epidemic levels…

#1 According to an analysis of U.S. government numbers conducted by Terrence P. Jeffrey, there are 86 million full-time private sector workers in the United States paying taxes to support the government, and nearly 148 million Americans that are receiving benefits from the government each month.  How long can such a lopsided system possibly continue?

#2 Ten years ago, the number of women in the U.S. that had jobs outnumbered the number of women in the U.S. on food stamps by more than a 2 to 1 margin.  But now the number of women in the U.S. on food stamps actually exceeds the number of women that have jobs.

#3 The U.S. government has spent an astounding 3.7 trillion dollars on welfare programs over the past five years.

#4 Today, the federal government runs about 80 different “means-tested welfare programs”, and almost all of those programs have experienced substantial growth in recent years.

#5 Back in 1960, the ratio of social welfare benefits to salaries and wages was approximately 10 percent.  In the year 2000, the ratio of social welfare benefits to salaries and wages was approximately 21 percent.  Today, the ratio of social welfare benefits to salaries and wages is approximately 35 percent.

#6 While Barack Obama has been in the White House, the total number of Americans on food stamps has gone from 32 million to nearly 47 million.

#7 Back in the 1970s, about one out of every 50 Americans was on food stamps.  Today, about one out of every 6.5 Americans is on food stamps.

#8 It sounds crazy, but the number of Americans on food stamps now exceedsthe entire population of the nation of Spain.

#9 According to one calculation, the number of Americans on food stamps is now greater than the combined populations of “Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Iowa, Kansas, Maine, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Utah, Vermont, West Virginia, and Wyoming.”

#10 According to a report from the Center for Immigration Studies, 43 percent of all immigrants that have been in the United States for at least 20 years are still on welfare.

#11 Back in 1965, only one out of every 50 Americans was on Medicaid.  Today,more than 70 million Americans are on Medicaid, and it is being projected that Obamacare will add 16 million more Americans to the Medicaid rolls.

#12 The number of Americans on Medicare is projected to grow from a little bit more than 50 million today to 73.2 million in 2025.

#13 Medicare is facing unfunded liabilities of more than 38 trillion dollars over the next 75 years.  That comes to approximately $328,404 for each and every household in the United States.

#14 If the number of Americans enrolled in the Social Security disability program were gathered into a single state, it would be the 8th largest state in the entire country.

#15 In 1968, there were 51 full-time workers for every American on disability.  Today, there are just 13 full-time workers for every American on disability.

#16 It is being projected that the number of Americans on Social Security will rise from about 62 million today to more than 100 million in 25 years.

#17 Overall, the Social Security system is facing a 134 trillion dollar shortfallover the next 75 years.

#18 According to the most recent numbers from the U.S. Census Bureau, an all-time record 49.2 percent of all Americans are receiving benefits from at least one government program each month.  Back in 1983, less than a third of all Americans lived in a home that received direct monetary benefits from the federal government.

Many will read this and will assume that I am against helping the poor.  That is completely and totally not true.  There will always be people that are impoverished, and this happens for many reasons.  In many cases, people simply lack the capacity to take care of themselves.  It is a good thing to take care of such people, whether the money comes from public or private sources.  In every society, those that are the most vulnerable need to be looked after.

But it is a very troubling sign that the number of people on government assistance is now far, far greater than the number of people with full-time jobs.  This is not a sustainable situation.  The federal government is already drowning in debt, and yet more people become dependent on the government with each passing day.

The long-term solution is to get more Americans working or starting their own businesses, but the federal government continues to pursue policies that are absolutely killing the creation of jobs and the creation of small businesses in this country.  So our epidemic of government dependence is going to continue to get worse.

And many of these programs are absolutely riddled with fraud and corruption.  Just check out the following excerpt from a recent Natural News article

To understand the extent of this fraudulent waste, go no further than Dr. Salomon Melgen, a Florida ophthalmologist who raked in $20.8 million from Medicare in 2012 alone. Dr. Melgen isn’t the only one bathing in the fraud of this crony government program. Medicare dished out over $1 million to almost 4,000 doctors in 2012, according to the new data release analyzed by The Washington Post.

Jonathan Blum, principal deputy administrator for the Centers for Medicare and Medicaid Services, is calling on the public for help in identifying fraud. He says, “The program is funded by and large by taxpayer dollars. The public has a right to know what it is paying for. We know there is fraud in the system. We are asking for the public’s help to check, to find waste, and to find potential fraud.”

Instead of fixing their own problems, they want us to help them do it.

Just great.

And of course they always want more of our money to help fund these programs.  In fact, according to Americans for Tax Reform, Barack Obama has proposed 442 tax increases since entering the White House…

-79 tax increases for FY 2010
-52 tax increases for FY 2011
-47 tax increases for FY 2012
-34 tax increases for FY 2013
-137 tax increases for FY 2014
-93 tax increases for FY 2015

Perhaps not coincidentally, the Obama budget with the lowest number of proposed tax increases was released during an election year: In February 2012, Obama released his FY 2013 budget, with “only” 34 proposed tax increases. Once safely re-elected, Obama came back with a vengeance, proposing 137 tax increases, a personal record high for the 44th President.

The more we feed the monster, the larger and larger it grows.

And yet poverty is not decreasing.  In fact, the poverty rate has been at 15 percent or greater for three years in a row.  That is the first time that has happened in decades.

Barack Obama promised to “transform” America, and yet poverty and government dependence have just continued to grow during his presidency.

Not that anyone really believes anything that he has to say at this point.  In fact, one recent survey found that only 15 percent of Americans believe that Barack Obama always tells the truth and 37 percent believe that he lies “most of the time”…

A Fox News poll released Wednesday shows that six out of every ten Americans believes that President Barack Obama lies to the American people, at least some of the time. A plurality – 37% – say that he lies “most of the time,” while another 24% say he lies “some of the time.” Another 20% say he lies once in awhile, while only 15% say that he never lies.

So what do you think?

Michael T. Snyder is a graduate of the University of Florida law school and he worked as an attorney in the heart of Washington D.C. for a number of years. Today, Michael is best known for his work as the publisher of The Economic Collapse Blog and The American Dream. If you want to know what things in America are going to look like in a few years read his new book The Beginning of the End.


Read more at http://joeforamerica.com/2014/04/18-stats-prove-government-dependence-reached-epidemic-levels/#qHpLmB8tuzCprXb8.99

Show Em Your Badge Sonny ….

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Hat Tip To Odie@Woodsterman

 

 

 

 

 

A DEA Agent stopped at a ranch in Texas and talked to an old rancher. He told the rancher, “I need to inspect your ranch for illegally grown drugs.” The rancher said, “okay, but don’t go into that field over there…”, as he pointed out the location.
The DEA Agent verbally exploded and said, “look mister, I have the authority of the federal government with me!” Reaching into his rear back pocket, the arrogant officer removed his badge and proudly displayed it to the rancher.
“See this badge?! This badge means I can go wherever I want… On any land! No questions asked, no answers given! Do you understand old man?!”

The rancher kindly nodded, apologized, and went about his chores. Moments later the rancher heard loud screams, he looked up and saw the DEA agent running for his life, being chased by the ranchers big Santa Gertrudis Bull… With every step the bull was gaining ground on the officer, and it was likely that he’d sure enough get gored before he reached safety.

The officer was clearly terrified. The old rancher threw down his tools, ran as fast as he could to the fence, and yelled at the top of his lungs……

“YOUR BADGE SONNY !! SHOW HIM YOUR BADGE !”

“When the people find that they can vote themselves money, 
that will herald the end of the republic” –  Ben Franklin 

 

 

 

Cochran Introduces Federal Gun-Owner Registration Information Protection Act

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This is from AmmoLand.

Senator Senator Thad Cochran (R-Miss.) is to be commended for introducing this legislation.

Sadly I do not see it going any where.

 

Thad CochranWASHINGTON, D.C. –-(Ammoland.com)- U.S. Senator Thad Cochran (R-Miss.) today introduced legislation that would prohibit any federal funding from being used to support a gun registry maintained by any other organization, including state and local governments.

The Gun-owner Registration Information Protection Act, or GRIP Act, would clarify existing law that bars the federal government from storing information acquired during the firearms background check process.

The GRIP Act would extend that prohibition to prevent any federal funding from being used to contribute to nonfederal gun registries. The Cochran measure has attracted 12 original cosponsors and has been endorsed by the National Rifle Association.

“The federal government should not play any role in misguided gun control initiatives that involve the storage or public distribution of personal information of law-abiding people who own or purchase firearms legally,” Cochran said.

“There is nothing in the law today that says federal resources can’t be used, either intentionally or otherwise by a state or local government, to collect and store personally identifiable information related to legal firearm purchases and ownership. This legislation would close that loophole,” he said.

In addressing state and local gun registry programs, the expanded federal prohibition in the GRIP Act would ensure that states and local entities that benefit from federal grant programs, such as the Edward Byrne Memorial Justice Assistance Grant program, do not use that funding to create or support full or partial registries of firearms information.

“Gun registries lead to confiscation.  That’s why they are at the top of every gun control supporter’s wish list,” said Chris Cox, executive director, National Rifle Association Institute for Legislative Action.  “Senator Cochran’s legislation recognizes this threat, and would block the use of federal funds to support gun registration schemes at the state or local level. On behalf of the NRA’s five million members, I would like to thank Senator Cochran for his leadership on this issue and his continued fight to protect our Second Amendment freedoms.”

The legislation does not include any limitations related to state recordkeeping for permitting, law enforcement-issued firearms, or lost or stolen firearms.

Cochran initially developed an amendment along the lines of the GRIP Act during the 2013 Senate debate on gun control.  The gun control debate collapsed in April 2013 before the amendment could be offered.

The 2013 amendment, as well as the GRIP Act, was inspired, in part, by a Mississippi state law enacted through the leadership of Governor Phil Bryant in March 2013 that ensures the personal information of carry permit holders and applicants remains confidential and exempt from the Mississippi Public Records Act.

Original cosponsors of the GRIP Act include Senators Roger Wicker (R-Miss.), Richard Burr (R-N.C.), Susan Collins (R-Me.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Mike Enzi (R-Wyo.), Orrin Hatch (R-Utah), James Inhofe (R-Okla.), Mike Johanns (R-Neb.), Jerry Moran (R-Kan.), Pat Roberts (R-Kan.), and Marco Rubio (R-Fla.).

LINKS:

Read more: http://www.ammoland.com/2014/03/cochran-introduces-federal-gun-owner-registration-information-protection-act/#ixzz2wBRKJwCV
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Wyoming welder faces $75,000 a day in EPA fines for building pond on his property

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This is from Fox News Politics.

This is one of the best arguments to close down the EPA.

Not only do we need to shut them down all of the regulations dumbassed regulations need to be voided and prohibit enforcement.

 

All Andy Johnson wanted to do was build a stock pond on his sprawling eight-acre Wyoming farm. He and his wife Katie spent hours constructing it, filling it with crystal-clear water, and bringing in brook and brown trout, ducks and geese. It was a place where his horses could drink and graze, and a private playground for his three children.

But instead of enjoying the fruits of his labor, the Wyoming welder says he was harangued by the federal government, stuck in what he calls a petty power play by the Environmental Protection Agency. He claims the agency is now threatening him with civil and criminal penalties – including the threat of a $75,000-a-day fine.

“I have not paid them a dime nor will I,” a defiant Johnson told FoxNews.com. “I will go bankrupt if I have to fighting it. My wife and I built [the pond] together. We put our blood, sweat and tears into it. It was our dream.”

But Johnson may be in for a rude awakening.

The government says he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Further, the EPA claims that material from his pond is being discharged into other waterways. Johnson says he built a stock pond — a man-made pond meant to attract wildlife — which is exempt from Clean Water Act regulations.

The property owner says he followed the state rules for a stock pond when he built it in 2012 and has an April 4-dated letter from the Wyoming State Engineer’s Office to prove it.

“Said permit is in good standing and is entitled to be exercised exactly as permitted,” the state agency letter to Johnson said.

But the EPA isn’t backing down and argues they have final say over the issue. They also say Johnson needs to restore the land or face the fines.

Johnson plans to fight. “This goes a lot further than a pond,” he said. “It’s about a person’s rights. I have three little kids. I am not going to roll over and let [the government] tell me what I can do on my land. I followed the rules.”

Johnson says he was “bombarded by hopelessness” when he first received the administrative order from the EPA. He then turned to state lawmakers who fast-tracked his pleas to Wyoming’s two U.S. senators, John Barrasso and Mike Enzi, and Louisiana Sen. David Vitter.

The Republican lawmakers sent a March 12 letter to Nancy Stoner, the EPA’s acting assistant administration for water, saying they were “troubled” by Johnson’s case and demanding the EPA withdraw the compliance order.

“Rather than a sober administration of the Clean Water Act, the Compliance Order reads like a draconian edict of a heavy-handed bureaucracy,” the letter states.

The EPA order on Jan. 30 gave Johnson 30 days to hire a consultant and have him or her assess the impact of the supposed unauthorized discharges. The report was also supposed to include a restoration proposal to be approved by the EPA as well as contain a schedule requiring all work be completed within 60 days of the plan’s approval.

If Johnson doesn’t comply — and he hasn’t so far — he’s subject to $37,500 per day in civil penalties as well as another $37,500 per day in fines for statutory violations.

The senators’ letter questioned the argument that Johnson built a dam and not a stock pond.

“Fairness and due process require the EPA base its compliance order on more than an assumption,” they wrote. “Instead of treating Mr. Johnson as guilty until he proves his innocence by demonstrating his entitlement to the Clean Water Act section 404 (f)(1)(C) stock pond exemption, EPA should make its case that a dam was built and that the Section 404 exemption does not apply.”

The EPA told FoxNews.com that it is reviewing the senators’ letter. “We will carefully evaluate any additional information received, and all of the facts regarding this case,” a spokeswoman for the agency said.

The authority of the EPA has recently been called into question over proposed rule changes that would redefine what bodies of water the government agency will oversee under the Clean Water Act.

The proposed changes would give the agency a say in ponds, lakes, wetlands and any stream — natural or manmade — that would have an effect on downstream navigable waters on both public land and private property. “If the compliance order stands as an example of how EPA intends to operate after completing its current ‘waters of the United States’ rulemaking, it should give pause to each and every landowner throughout the country,” the letter states.

For now, the matter remains unresolved. Johnson says he’s not budging, and there’s been no indication from the EPA they will withdraw the compliance order.

Regardless of the outcome, Johnson says his legal fight with the government agency is a teachable moment for his kids

“This is showing them that they shouldn’t back down,” Johnson said. “If you need to stand up and fight, you do it.”

 

Allen West says that ‘States will nullify Obamacare’

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This is from The Washington Times Communities.

I agree with Lt. Col. West the states need to take the lead in

nullifying Obamacare.

Then the states need to call a Convention of States to reign in

the federal government.

During said convention the 17 Amendment needs to be repealed.

So our Senators become more in tune to the will and wishes

of the people in their home states.

Then if they go against the will of the people they can be replaced.

 

NASHVILLE, January 4, 2014 — Calling the execution of the healthcare law a “real constitutional crisis”, former Congressman Allen West was interviewed on Fox News’ “On the Record with Gretta Van Susteren” Friday night.

When Susteren asked West whether or not the state attorneys general were actually going to take any action against the Obama administration’s lawless handling of the healthcare law, West told Susteren that they wouldn’t have a choice because states were stepping in to keep the feds in check.

“One of the things you have to look at is whether or not they [the states] can go back and challenge this based upon a thin possibility of nullification; sovereign states using the Ninth and Tenth Amendments of the Constitution are not going to follow this [Obamacare]…”

But can the States nullify Obamacare?

According to Thomas Jefferson and James Madison, the “Father of the Constitution”: Absolutely.

West referred to the Ninth & Tenth Amendments as warrant for nullification. Here are those two Amendments broken down with the founders’ notes expounding this right of the states.

Jefferson wrote in the Kentucky Resolutions how to handle such federal usurpations of power:

“Where powers are assumed which have not been delegated, a nullification of the Act is the rightful remedy: that every State has a natural right in cases not within the compact, to nullify of their own authority all assumptions of power by others within their limits…”

Madison also confirmed Jeffersonian nullification in his Report of 1800 and his Notes on Nullification.

The powers delegated to Congress are few and defined. The Tenth Amendment provides explicit validation for nullification, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

In regards to nullification, the Constitution does not delegate this power to the federal government. The Constitution also does not clearly prohibit nullification. Therefore, it can now clearly be concluded that nullification is a power reserved for the people of their respective states.

The Ninth Amendment expounds even further the right to nullification. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Jefferson explained that nullification was a natural right belonging to the people and their respective states. Because the Constitution does not expressly prohibit nullification, the federal government cannot deny or disparage this natural right of the people.

Read more: http://communities.washingtontimes.com/neighborhood/american-millennial/2014/jan/4/allen-west-says-states-will-nullify-obamacare/#ixzz2pa8swjeU
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