EPA Says it Has Power to Garnish Wages Without Court Order For Unproven EPA Violations.

July 10, 2014 | Roger A. McEowen

In a move of incredible importance to agriculture, the Environmental Protection Agency has taken the blatantly unconstitutional position that it has the power to garnish wages when it fines an individual or other party for what EPA claims is some violated environmental provision over which it has regulatory authority.   The EPA published a notice in the Federal Register on July 2 titled, "Administrative Wage Garnishment" and claimed it had such garnishment authority under the Debt Collection Improvement Act (DCIA) of 1996 because that law pre-empts state laws that bar wage garnishment.  The garnishment authority, EPA claims, covers non-federal wages such as fines, penalties and fees that federal agencies assess.  Incredibly, EPA states in the rule that "we view this as a noncontroversial action and anticipate no adverse comment."  That is an astounding statement.  Of course they will receive many negative comments, especially from the agricultural sector.  But, if they don't, EPA said the final rule would be effective September 2, 2014.  Clearly, the Congress should immediately pass legislation negating EPA's illegal power grab.  Such a bill would pass by such wide margins in the U.S. House and even the U.S. Senate that the President would not be able to veto it.
 
The link to the federal regulatory notice can be found here:   https://www.federalregister.gov/articles/2014/07/02/2014-15578/administrative-wage-garnishment