Couple suing EPA: Thank God for folks who have enough money to fight battles the rest of us cannot afford


Four years ago, a couple, Chantell and Mike Sackett,  bought half an acre in Idaho,  with plans to build.  The property is surrounded by acreage and  new homes, but the EPA singled out the Sackett property,  ordered them to cease and desist, pay fines and return the property to its original nature state.  The EPA had determined that this small piece of property was a “wet land.”  Under existing law,  the Sacketts were not allowed a hearing or an appeal of any sort. 

They filed on the EPA and,  last week,  found out that the High Court will hear their case. 

The AP is reporting that several conservative members of the Supreme Court criticized the Environmental Protection Agency on Monday for heavy-handed enforcement of rules affecting homeowners after the government told an Idaho couple they can't challenge an order declaring their future home site a "protected wetlands."

Justice Antonin Scalia assailed the "high-handedness" of the environmental agency when dealing with private property, and Justice Samuel Alito described some of the EPA's actions as "outrageous," arguing that most people would say "this kind of thing can't happen in the United States."

Justice Alito added,  “You think maybe there is a little drainage problem in part of your lot, so you start to build the house and then you get an order from the EPA which says: ‘You have filled in wetlands, so you can’t build your house; remove the fill, put in all kinds of plants; and now you have to let us on your premises whenever we want to.  You have to turn over to us all sorts of documents, and for every day that you don’t do all this you are accumulating a potential fine of $75,000. And by the way, there is no way you can go to court to challenge our determination that this is a wetlands until such time as we choose to sue you.”

Understand that this episode began under the Bush Administration, proving that the EPA has been running wild for many years. 

The court will make a decision by July of this year.  Thank God for folks with enough money to fight battles the rest of us cannot afford.  

1 comment:

  1. Thank God for the Sacketts. And for the Pacific Legal Foundation, which is representing them FREE OF CHARGE.

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