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Court ruling on EPA case

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DeFoe

Member
What is the name of your state (only U.S. law)? Texas
My question is, how if any, would this ruling affect an individualat their private residence that is being harrassed by an EPA employee?
Supreme Court Blocks EPA Restrictions

In a disputed 5-4 opinion, the*Court ruled that the Environmental Protection Agency (EPA) is not permitted to enforce*new regulations that require power plants to cut emissions of mercury and other toxins.* The majority, led by Justice Scalia, criticized the EPA for failing to consider the costs of its restrictions, and forced the agency to start the process of regulating mercury emissions.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas
My question is, how if any, would this ruling affect an individualat their private residence that is being harrassed by an EPA employee?
Supreme Court Blocks EPA Restrictions

In a disputed 5-4 opinion, the*Court ruled that the Environmental Protection Agency (EPA) is not permitted to enforce*new regulations that require power plants to cut emissions of mercury and other toxins.* The majority, led by Justice Scalia, criticized the EPA for failing to consider the costs of its restrictions, and forced the agency to start the process of regulating mercury emissions.
It depends - is the EPA asking you to reduce emissions from the power plant at your private residence?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Texas
My question is, how if any, would this ruling affect an individualat their private residence that is being harrassed by an EPA employee?
Supreme Court Blocks EPA Restrictions

In a disputed 5-4 opinion, the*Court ruled that the Environmental Protection Agency (EPA) is not permitted to enforce*new regulations that require power plants to cut emissions of mercury and other toxins.* The majority, led by Justice Scalia, criticized the EPA for failing to consider the costs of its restrictions, and forced the agency to start the process of regulating mercury emissions.
Here is a link to the US Supreme Court decision in Michigan, et al v. EPA, et al, decided on June 29, 2015: http://www.supremecourt.gov/opinions/14pdf/14-46_bqmc.pdf

Depending on the type of harassment, you could file a complaint with the police department against the EPA employee who is harassing you. The police will investigate your complaint.
 

DeFoe

Member
Lol, no. My elderly father has been declining in health the last two years and he's been in and out of the hospital. He has lived in this house for 9 years. His property has become a bit of an eye sore. I help out when I can and he's a stubborn one. He lives outside the city limits. The county has no rules or regulations on junk, burning trash or whatever,pets, loud music. A younger gentleman from the two cities over bought a house next to my father. And he's called the health dept of the county a hundred times trying to pressure them to fine him or punish him. They told him a hundred times no laws are being violated. So my father is out at his burn pile and a local EPA guyshows up. My father was burning a piece of old carpet & random odds and ends. He told me father that he would fined and go to jail. Now hes petrified. He's sent a letter stating to clean the pile up, no more burning, and clean the yard up. Yet the whole neighborhood butns thingd every day. They have tires etc.laying around, & the EPA is doing nothing to them
If he doesnt clean up the burn pile, take a picture and send it in will they put him in jail and fine him? Can they even be doing this?
 
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quincy

Senior Member
Lol, no. My elderly father has been declining in health the last two years and he's been in and out of the hospital. He has lived in this house for 9 years. His property has become a bit of an eye sore. I help out when I can and he's a stubborn one. He lives outside the city limits. The county has no rules or regulations on junk, burning trash or whatever,pets, loud music. A younger gentleman from the two cities over bought a house next to my father. And he's called the health dept of the county a hundred times trying to pressure them to fine him or punish him. They told him a hundred times no laws are being violated. So my father is out at his burn pile and a local EPA guyshows up
If your dad is not violating any local or state laws by storing junk in his yard (I assume the junk is not hazardous materials) or burning trash (I assume in a proper container and I assume what he is burning is non-toxic and not hazardous) or having pets (I assume domestic animals) or playing loud music (I assume not rap ;)) or whatever, his newest neighbor can continue to report your dad - and the county or the police or the EPA will continue to investigate - and your dad will continue to not be fined.

If the EPA guy shows up again upon a complaint made by the new neighbor, however, your dad can call the police. Your dad can report his neighbor's harassment (or harassment by the EPA investigator) each and every single time the county is called to investigate a violation that is not a violation. Eventually both the police and the EPA will get tired of the neighbor's complaints and the neighbor could be the one fined.

As a note: It might be difficult for you to help your elderly dad take care of his property if you live a distance away from him but you might want to think about hiring for your dad a caretaker for his property. No one wants to live next to a junkyard, whether the junkyard is violating any laws or not. The eyesore affects everyone else's property values.
 

DeFoe

Member
THANK YOU SO MUCH. The EPA guy came to the back on the invite of my father. This is very old town with generations of country folks. Everyone burns everything out here except 4 tires of course. My dog even knows not to do that lol. Ironically, the next door neighbor re carpeted his living room and gave the old carpet to father to make some cat tree houses to sell to make some extra money and it got rained on so he was burning it like everyone else out here has done since dirt was discovered,and minded their own business, cough cough. There was nothing but a small corner of the carpet left When Deputy Dodge showed up. He took a picture of it and said it was illegal and he better get it all cleaned and send a picture or he was being fined and going to jail. He has called him twice more since the vist checking on progress and using the jail card. My dad will probably be relaxed enough to sit down and watch his shows in full without getting up pacing every 5 minutes. He is a retired Harris County Juvenile probation officer and has dealt with a lot crud. He deserves some anxiety relief. And ,Yes we now know burning carpet is illegal. Won't happen again on my watch that's for sure.
 
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quincy

Senior Member
THANK YOU SO MUCH. The EPA guy came to the back on the invite of my father. This is very old town with generations of country folks. Everyone burns everything out here except 4 tires of course. My dog even knows not to do that lol. Ironically, the next door neighbor re carpeted his living room and gave the old carpet to father to make some cat tree houses to sell to make some extra money and it got rained on so he was burning it like everyone else out here has done since dirt was discovered,and minded their own business, cough cough. There was nothing but a small corner of the carpet left When Deputy Dodge showed up. He took a picture of it and said it was illegal and he better get it all cleaned and send a picture or he was being fined and going to jail. He has called him twice more since the vist checking on progress and using the jail card. My dad will probably be relaxed enough to sit down and watch his shows in full without getting up pacing every 5 minutes. He is a retired Harris County Juvenile probation officer and has dealt with a lot crud. He deserves some anxiety relief. And ,Yes we now know burning carpet is illegal. Won't happen again on my watch that's for sure.
Here are some links with information for you to review on backyard burning - the first on the laws in Texas and the second from the EPA.

Texas: http://www.tceq.state.tx.us/assets/public/legal/rules/rules/pdflib/111b.pdf

EPA: http://www.epa.gov/airquality/community/details/barrelburn_addl_info.html

And, finally, here is a link to an ordinance in Haslet: http://www.haslet.org/DocumentCenter/View/231

Good luck to you and your dad.
 

DeFoe

Member
Ok, not trying to be a "donkey butt" by no means, just making sure all t's are crossed in my mind before I do a throw down dance in thr kitchen😉.I read them. I'm not a lawyer, so some of it I can comprehend and not so much alot of it. Unlike Haslet, Hardin county has almost zero ordinances, straight out of Sheriff Ed Cains mouth. So after reading those, he's still pretty safe on home base right?
 

xylene

Senior Member
Burning carpet is burning plastic. That's covered in the TX law.

That's not incinerating household waste.

What dad's neighbors do is NOT a defense.

This is 2015, you can't just spew dioxin and pcb from your low temp backyard disposal fire.

Perhaps dad should take his tiny narrow win AND change his ways. :rolleyes:
 

quincy

Senior Member
Ok, not trying to be a "donkey butt" by no means, just making sure all t's are crossed in my mind before I do a throw down dance in thr kitchen.I read them. I'm not a lawyer, so some of it I can comprehend and not so much alot of it. Unlike Haslet, Hardin county has almost zero ordinances, straight out of Sheriff Ed Cains mouth. So after reading those, he's still pretty safe on home base right?
I can't tell if your father is safe on home base or not. It depends in large part on what sort of stuff he is burning and what sort of stuff he is storing on his property.

As an additional note: The State of Texas also has issued "burn bans" in various areas of the state at various times, when the dry weather conditions warrant such a ban. I don't know if a burn ban is in effect for Hardin County but I believe there are burn bans in effect for some areas of Texas right now. It would be a misdemeanor, subject to a $500 fine, to burn in areas where burn bans have been declared.
 
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