“WE WON OUR CASE. BUT WE COULD HAVE NEVER FOUGHT ON OUR OWN.”
Andy Johnson, PLF Client
IN 2013, ANDY JOHNSON built a stock pond on his Wyoming property to provide safer, more reliable access to water for his small herd of cattle. More than the cows benefitted: The pond created wetlands, provides habitat for fish and wildlife, and cleans the water that passes through it.
Nonetheless, the federal EPA accused Andy of violating the Clean Water Act, demanded that he drain the pond, and threatened him with fines of $37,500 per day if he did not comply. Pacific Legal Foundation represented Andy in a lawsuit against the EPA and won a settlement. The pond stayed, and Andy paid no fine. On Wednesday, October 9, 2019, President Trump signed two executive orders designed to bring more accountability to federal agencies by limiting abuse of “guidance documents,” which is a way that agencies regulate without formally issuing new regulations. The President explained that agencies must solicit public input on major guidance documents and are prohibited from threatening excessive fines based on guidance. Andy Johnson was invited to speak at the signing ceremony.
These orders represent another aspect of PLF’s playbook: when research, advocacy, and court cases lead to action by the executive branch.
PRESIDENT TRUMP:
For many decades, federal agencies have been issuing thousands of pages of so-called “guidance documents”—a pernicious kind of regulation imposed by unaccountable bureaucrats in the form of commentary on how rules should be interpreted.
All too often, guidance documents are a backdoor for regulators to effectively change the laws and vastly expand their scope and reach. Guidance has frequently been used to subject U.S. citizens and businesses to arbitrary and sometimes abusive enforcement actions—Ha! It sounds like they’re talking about me. (Laughter.) I think they’re talking about me. I might have a conflict in signing this deal.
Because of these materials and the fact that these materials are too often hidden and hard to find, many Americans learn of the rules only when federal agents come knocking on the door.
This regulatory overreach gravely undermines our constitutional system of government. Unelected, unaccountable bureaucrats must not be able to operate outside of the democratic system of government imposing their own private agenda on our citizens. A permanent federal bureaucracy cannot become a fourth branch of government, unanswerable to American voters. In America, the people must always reign.
With us today is Andy Johnson from Wyoming—great place—whose family is one of many that suffered from the absurd redefinitions and interpretations of federal bureaucrats.
And Andy is here to say a few words. I’d like to hear that Andy because I think you might be speaking about me or to me. Thank you very much. Where’s Andy? Come on up here with that beautiful baby. Beautiful. That’s great. Thank you, Andy.
ANDY JOHNSON:
Well, thank you for having me today and my wife, Morgan, and my son, Roman. I work as a welder in Wyoming, and about five years ago, when I applied for a stock pond permit for my private property, I had no idea that the EPA would come knocking at my door and threaten me and my family—civilly, criminally, and with a fine of $37,500 per day. The fines were up to $16 million when Pacific Legal Foundation stepped in and sued the EPA on my behalf and [on behalf of] my family.
And, at that point, the EPA changed their attitude; we were able to come to an agreement. We won our case, but we could have never fought on our own. The litigation was way, way too expensive. So I’d just like to thank the President today for signing this executive order, which will hold the EPA and other government agencies more responsible for their actions. Thank you. (Applause.)
PRESIDENT TRUMP:
That’s fantastic. Thank you. So they had you up to $16 million. But that’s peanuts for you, right? (Laughter.) That’s great. Glad it worked out, and it’s working out even better.
