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Justices criticize EPA’s dealings with Idaho homeowners
Spokane Spokesman Review/AP ^ | Jan 9 2012 | AP

Posted on 01/09/2012 10:26:29 AM PST by WilliamIII

WASHINGTON — Several Supreme Court justices are criticizing the Environmental Protection Agency for heavy-handed enforcement of rules affecting homeowners.

The justices were considering whether to let a North Idaho couple challenge an EPA order identifying their land as “protected wetlands.” Mike and Chantell Sackett of Priest Lake wanted to build their house on the land. But the EPA says the Sacketts can’t challenge the order to restore the land to wetlands or face thousands of dollars in fines.

Justice Samuel Alito called EPA’s actions “outrageous.” Justice Antonin Scalia noted the “high-handedness of the agency” in dealing with private property. Chief Justice John Roberts said that the EPA’s contention that the Sacketts’ land is wetlands, something the couple disagrees with, would never be put to a test under current procedure.

The Sacketts were filling in a lot near Priest Lake in 2007 to construct a house when EPA officials shut down the project, saying the couple had filled in wetlands without getting a permit.

(Excerpt) Read more at spokesman.com ...


TOPICS: Breaking News; Front Page News; Government; US: Idaho
KEYWORDS: alito; crushepa; envirofascism; epa; epacorruption; epafascism; epajackboots; govtabuse; idaho; idahohomeowners; justicealito; liberalfascism; propertyrights; sackett; scotus; tyranny; wetlands
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1 posted on 01/09/2012 10:26:32 AM PST by WilliamIII
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To: WilliamIII

It would be nice to see SCOTUS take the case, rule against the EPA and hold the person who chose to make the decision personally responsible for any expenses this couple became saddled with in order to protect their property.


2 posted on 01/09/2012 10:30:55 AM PST by freeangel ( (free speech is only good until someone else doesn't like it)
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To: WilliamIII

But, what does the Wise Latina from the Bronx think?


3 posted on 01/09/2012 10:33:03 AM PST by NativeNewYorker (Freepin' Jew Boy)
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To: WilliamIII

well at least there is one sane member of the SCOTUS.. Is there 4 more?

Who pays this couples legal fees if they win?


4 posted on 01/09/2012 10:33:14 AM PST by cableguymn (Good thing I am a conservative. Otherwise I would be forced to support Mittens like Republicans do.)
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To: steelyourfaith

Ping.


5 posted on 01/09/2012 10:33:27 AM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: WilliamIII

Then the SCOTUS should bitch-slap EPA back to the stone age.


6 posted on 01/09/2012 10:35:26 AM PST by Gaffer
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To: Army Air Corps; grey_whiskers; ApplegateRanch; Whenifhow; WL-law; Berlin_Freeper; Horusra; ...
Thanx for the ping AAC !

 


Beam me to Planet Gore !

7 posted on 01/09/2012 10:36:42 AM PST by steelyourfaith (If it's "green" ... it's crap !!!)
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To: NativeNewYorker

“But, what does the Wise Latina from the Bronx think?”

Call me Karnac but I’m going to go with a thumbs down from the wise Latina to the homeowners on this one.


8 posted on 01/09/2012 10:37:54 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: WilliamIII

bookmark


9 posted on 01/09/2012 10:38:10 AM PST by GOP Poet
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


10 posted on 01/09/2012 10:40:50 AM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Georgia Girl 2
Yeah Karnac, I suspect you're right. She knows all about wetlands, since she could see some from her window at Co-op City.


11 posted on 01/09/2012 10:41:16 AM PST by NativeNewYorker (Freepin' Jew Boy)
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To: Georgia Girl 2
Call me Karnac but I’m going to go with a thumbs down from the wise Latina to the homeowners on this one.

I'm thinking this case is so egregious, she won't want to stick her fat ***, er, neck out on this one.

12 posted on 01/09/2012 10:44:05 AM PST by SamuraiScot
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To: WilliamIII

The EPA is an anti american fascist organization that needs to be completely defunded and dismantled with all employees blacklisted and deported after serving 10 to 20 years in a federal penitentiary at hard labor.


13 posted on 01/09/2012 10:46:29 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: NativeNewYorker

>> But, what does the Wise Latina from the Bronx think?

She thinks Lisa Jackson is smokin’ hot.


14 posted on 01/09/2012 10:47:12 AM PST by Nervous Tick (Trust in God, but row away from the rocks!)
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To: WilliamIII

Don’t mess with the Sacketts. Just ask the Higgins!


15 posted on 01/09/2012 10:49:25 AM PST by WSGilcrest (/s)
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To: WilliamIII

My parents property in Washington state was starting to get “wetlands-like” in a one acre area. They quietly had it filled in.

These are the same parents that, when they had a home available for rent in the 1960’s told me that if someone called who sounded black, I was to say it was already rented. I was in 6th grade at the time and “aware enough toask them why. They said, and I paraphrase: If we get deadbeat white tenants, we can kick them out, but if we get deadbeat black tenants we’re stuck with them.

It is funny how the government controls the activity of its citizens in so many “unintended consequences” sort of ways.


16 posted on 01/09/2012 10:49:52 AM PST by cuban leaf (Were doomed! Details at eleven.)
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To: WilliamIII
From SCOTUSBlog today:

A weak defense of EPA Analysis

With a federal government lawyer conceding almost every criticism leveled at the way the U.S. Environmental Protection Agency compels landowners to avoid polluting the nation’s waterways, the Supreme Court on Monday seemed well on its way toward finding some way to curb that agency’s enforcement powers. Their task was made easier as Deputy U.S. Solicitor General Malcolm L. Stewart stopped just short of saying that EPA was just as heavy-handed as its adversaries — and several of the Justices — were saying.

Perhaps the most telling example: when several of the Justices expressed alarm that a homeowner targeted by EPA’s efforts might face a penalty of as much as $37,500 each day of alleged violation, Stewart made it clear that the fine actually might be doubled, to $75,000 a day, although he tried to recover by saying that was only “theoretical,” and that he did not think that EPA had ever taken that step.

The argument in Sackett, et al., v. EPA (docket 10-1062) did not appear to portend a slam-dunk loss for EPA during the first half of Monday’s argument, when the lawyer for an Idaho couple faced quite rigorous questioning about whether the couple had exercised options that might have been open to them to avert the dire consequences of EPA enforcement. But the tenor of the session changed abruptly as soon as the line of argument chosen by EPA’s lawyer, Stewart, unfolded.

It all came to something of an explosive verbal climax when Justice Samuel A. Alito, Jr., suggested that the scheme that Stewart had outlined would be considered by the ordinary homeowner as something that “can’t happen in the United States.” Alito ticked off the situation: the homeowner planned to build a house on a lot, the lot was found to have “a little drainage problem,” the homeowner was soon told by EPA that “you have wetlands,” that steps had to be taken to alleviate the environmental threat, that “you have to let us on your premises,” that every day “you face $75,000 in penalties,’ that the homeowner cannot go to court to make a challenge, and that, if there is a court case, it won’t occur “until we choose.”

Stewart did not dispute the recitation even in that accusatory fashion, and could only answer that such an order from EPA would not have been “the first communication” from EPA to the homeowner, since the agency would try earlier to alert property owners of their obligations under the law.

(NOTE TO READERS: This post will be expanded following the afternoon argument.)

17 posted on 01/09/2012 10:52:27 AM PST by bkopto (Obama is merely a symptom of a more profound, systemic disease in American body politic.)
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To: freeangel
It would be nice to see SCOTUS take the case ...

I think this is an extraordinary notice by the Justices to the EPA that they better revise their actions immediately since SCOTUS is very clear with this, that if the case comes to the Court later the EPA won't like the outcome. 'With prejudice' ...

18 posted on 01/09/2012 10:55:24 AM PST by Servant of the Cross (the Truth will set you free)
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To: WSGilcrest

Especially a Clinch Mountain Sackett.


19 posted on 01/09/2012 10:56:12 AM PST by JohnnyP
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To: Gaffer

{” Then the SCOTUS should bitch-slap EPA back to the stone age “

This is essentially the same SCOTUS (4 libs, 4 conservatives, and Kennedy) that agreed to allow the EPA to regulate carbon dioxide (necessary for all life on the plantet) as a pollutant...


20 posted on 01/09/2012 11:00:17 AM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: freeangel

If I’m not mistaken the EPA sued the couple for $40 million dollars!!! Incredible. I salute that couple for not backing down and yes, whoever is responsible should go down!


21 posted on 01/09/2012 11:00:30 AM PST by Bitsy
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To: bkopto

Thx. :-/


22 posted on 01/09/2012 11:01:37 AM PST by skinkinthegrass (I can take tomorrow, $pend it all today. Who can take your income, tax it all away. Obama Man can. :)
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To: bkopto

ping for later


23 posted on 01/09/2012 11:02:30 AM PST by perchprism (To those about to revolt, we salute you.)
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To: WilliamIII

All the more reason to help Newt defeat The Messiah in November.


24 posted on 01/09/2012 11:04:21 AM PST by Flint
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To: WilliamIII

I still can’t believe the EPA cares about a freaking half-acre lot. Even in their twisted world.


25 posted on 01/09/2012 11:04:33 AM PST by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: Uncle Ike
Well, Christmas was still only less than a month ago. I can wish, can't I?
26 posted on 01/09/2012 11:09:15 AM PST by Gaffer
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To: WilliamIII; OldDeckHand; tired_old_conservative; Lurking Libertarian; JDW11235; Clairity; ...
SUPREME COURT OF THE UNITED STATES

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

27 posted on 01/09/2012 11:13:29 AM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: alancarp
You misunderstand liberals (they call themselves Progressives now because 'liberal' has bad connotations for them). A liberal cannot, under any circumstances, allow a free-thinking, free-American citizen to decide things for himself. Further, this liberal cannot allow ANY such American to succeed in his endeavors or wishes. Liberals are all about control, all about subversion, all about oppression and the ONE thing they will not tolerate is dissent.

We're not there yet, but we will eventually come to what I call a 'set to' with these evil people who have infested our country. Powder Dry....

28 posted on 01/09/2012 11:14:20 AM PST by Gaffer
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To: Nervous Tick
>> But, what does the Wise Latina from the Bronx think?<<

She would think it was a full-blown travesty,a racist smear and all-out discrimination if the couple were hispanic. She'd come out to the property and start shoveling herself if it would help them get that house built.
29 posted on 01/09/2012 11:14:57 AM PST by gimme1ibertee ("Criticism......brings attention to an unhealthy state of things"-Winston Churchill)
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To: Bitsy

I fear that one day, somebody is going to retaliate for the EPA’s crap and take matters into their own hand. I also think that the EPA should be very afraid that it will happen.

Rats will gnaw their leg off to escape a trap; wounded deer will attack you; what makes anyone think that the animal in all of us will react any differently?


30 posted on 01/09/2012 11:15:19 AM PST by NTHockey (Rules of engagement #1: Take no prisoners)
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To: NTHockey

Speaking of ‘taking matters into one’s own hands” ...

We read almost every week about a ‘crazed gunman’ that killsa handful of family/relatives. What we don’t hear unless we dig deeper is the root cause. Feminist ‘family’ courts that screw grown hard working men out of their children, their monies and jail them as in debtor countries. MSM hides the causes and we wake up to another day of MSM lies.


31 posted on 01/09/2012 11:19:58 AM PST by George from New England (escaped CT in 2006, now living north of Tampa)
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To: NTHockey

Understandable, but we have to regulate what we feel is eventually going to happen - at least in the severity of the words we chose to voice those feelings.

We have a DHS, TSA, FBI, (and now supposedly, a US Military with the new Appropriations bill - NDAA?), etc. that is just aching to find a regular non-Muslim American to put on a show-trial.


32 posted on 01/09/2012 11:20:18 AM PST by Gaffer
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To: NativeNewYorker

Well, a lot of the Bronx was wetlands back when some of my Dutch ancestors lived in the area back in the 1600s so I’m sure that she would agree that the larger portion of NYC should be leveled and returned to its natural state. While we’re at it, most of D.C. including the area where her home is was once a swamp (wetlands) so let’s start by condemning her property and forcing her to return it to its natural state.


33 posted on 01/09/2012 11:23:16 AM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: NTHockey

Are you kidding? Obama and the other lefties have been hoping earnestly something like that would happen.

They’ve been pushing Americans, provoking us, aggressively in order to self-fulfill their prophecy that some conservative somewhere will go postal. They’re not afraid of that, it’s one of their wildest wet dreams. The Hussein Administration has been predicting, counting on, and provoking some kind of “right wing” violence from the word go. Frankly, given the wide diversity of tolerance among our ranks and the regime’s hell bent campaign to make that happen, it’s a wonder it hasn’t.


34 posted on 01/09/2012 11:25:54 AM PST by fire and forget
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To: SamuraiScot
I'm thinking this case is so egregious, she won't want to stick her fat ***, er, neck out on this one.

She will do what her Marxist boss wishes. She will ALWAYS rule in cases in a way to increase the power of the State against Liberty.

35 posted on 01/09/2012 11:26:28 AM PST by sand88
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To: Uncle Ike

This is the same Supreme Court which came within one vote of ruling that the 2nd Amendment may say “the right to keep and bear arms shall not be infringed”, but since there is no such right anyway, there is nothing to infringe. The 2nd Amendment simply does not exist as to ordinary citizens.

They may get a second bite at that apple sooner or later.


36 posted on 01/09/2012 11:26:42 AM PST by San Jacinto
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To: alancarp

The EPA people did it because the homeowners refused to roll over. Bureaucrats just can’t abide citizens refusing their imperious demands.

This is the same mentality exhibited by the ATF when the gentleman at Ruby Ridge refused to go spy for them, and so they entrapped him into sawing off the barrel of a shotgun, then threatened him with a felony conviction.


37 posted on 01/09/2012 11:27:59 AM PST by Mack the knife
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To: BuckeyeTexan
PLF fights the EPA to protect a couple's dream
38 posted on 01/09/2012 11:51:53 AM PST by GregNH (One Pissed Off Natural Born Citizen OPONBC)
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To: WilliamIII

Does anyone know how long it takes for a transcript of oral arguments to be posted?


39 posted on 01/09/2012 12:17:19 PM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: RJS1950
“Well, a lot of the Bronx was wetlands back when some of my Dutch ancestors lived in the area back in the 1600s “

Most of the US would not be farmed or built upon if these ignorant Nazis had been around back then.
Of course the residents then would just have laughed at them, right before the tar and feathers were applied.

40 posted on 01/09/2012 12:22:35 PM PST by HereInTheHeartland (I love how the FR spellchecker doesn't recognize the word "Obama")
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To: zeugma
I should have just looked before posting. The oral arguments is here : Supreme Court Oral Arguments. Right now it's just a PDF. If, after reading through it, I think an HTML copy of this would be useful for folks, I'll mark one up. Might take a day or two for me. Someone else will likely beat me to it though.

For those who might read this who don't typically read SC oral arguments, you might want to keep in mind that you really can't tell how a given justice will vote based on the questions asked.

41 posted on 01/09/2012 12:29:36 PM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: freeangel; Berlin_Freeper; Hotlanta Mike; Silentgypsy; repubmom; HANG THE EXPENSE; Nepeta; ...
Image and video hosting by TinyPic
42 posted on 01/09/2012 12:40:52 PM PST by LucyT ( NB. ~ Pakistan was NOT on the U.S. State Department's "no travel" list in 1981. ~)
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To: Mack the knife
The EPA people did it because the homeowners refused to roll over.

Oh, I certainly get that aspect -- I'm just trying to figure what made these yahoos even become aware that this half acre in north Idaho even existed. This falls well below the normal resolution of their radar.

43 posted on 01/09/2012 1:02:44 PM PST by alancarp (Liberals are all for shared pain... until they're included in the pain group.)
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To: SamuraiScot

Sotomayor and Kagan are left wing activists who were lucky enough to get put on the Supreme Court where they can work their mischief for the next 30 years. There is no case so egregious she won’t vote for it. The Constitution is a living document that needs tweaking from time to time as far as they are concerned. I just pray to God that Ginsberg lives at least 1 hour past Newt’s inaugeration so he can put another Thomas or Scalia on the bench.


44 posted on 01/09/2012 1:11:13 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Mack the knife
This is the same mentality exhibited by the ATF when the gentleman at Ruby Ridge refused to go spy for them, and so they entrapped him into sawing off the barrel of a shotgun, then threatened him with a felony conviction.

Then sent him the wrong court date so they could convict him in absentia, then sent a US Marshal's SWAT team in to provoke a gunfight so they could send in the FBI Hostage Rescue Team to kill the gentleman and his family.

45 posted on 01/09/2012 1:11:51 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Government should be afraid of the people)
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To: JohnnyP

Nolan lit a shuck out of New Mexico again. and is on his way.


46 posted on 01/09/2012 1:35:52 PM PST by Rannug ("God has given it to me, let him who touches it beware.")
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To: HereInTheHeartland

Exactly. Our ancestors would have put these jackasses in chains, as would the founding fathers.


47 posted on 01/09/2012 1:41:42 PM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: fire and forget

I completely agree with you, fire and forget.

In a nation with more guns than people, a population FED UP with abuses of the Constitution (many of them veterans sworn to “support and defend” it), and a clearly ineligible usurper in the White House ... I could easily go on ... it is indeed shocking that nobody has gone postal yet.

All it would take is a couple of guys meeting for a beer after a day at the target range, attract a few like-minded friends as word spreads, and we could easily have a genuine rebellion on our hands.

But I just as equally agree that Obummer DREAMS about us “bitter clingers” starting an armed insurrection. Then he could declare a national emergency, suspend both the election and the Constitution, lock up lots of people without trial, shut down the Internet (and the phones too, why not?) and we would quickly see our first American Emperor.

Infuriating is too mild a word ... and the pressure builds.


48 posted on 01/09/2012 1:52:29 PM PST by DNME (A monarch's neck should always have a noose around it. It keeps him upright. - Robert Heinlein)
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To: Servant of the Cross
I think this is an extraordinary notice by the Justices to the EPA that they better revise their actions immediately since SCOTUS is very clear with this, that if the case comes to the Court later the EPA won't like the outcome. 'With prejudice' ...

Yes, because this is their third Strike. First there was SWANCC v. Army Corp of Engineers where the EPA's migratory waterfowl definition was upended.

Second there was Rapanos v. Army Corp where they were slapped by Scalia about the "waters of the United States"

Now in this case, they attempt an end around the federal courts with their rule making. It is not wise to argue that the Supreme Court does not have jurisdiction, or the defendants in a federal action do not have standing .

Three strikes and you're out.

49 posted on 01/09/2012 2:16:02 PM PST by ALPAPilot
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To: alancarp
Yes, for Americans it is hard to believe.

The Natural Resources Defense Council, which also filed briefs in the case, has called it a corporate-backed effort to weaken regulations of the Clean Water Act.

I pulled the quote as a reminder, to myself, that if allowed to implement their Utopia, many Leftists would happily march every Freeper off to labor camps.

50 posted on 01/09/2012 2:16:32 PM PST by Jacquerie (No court will save us from ourselves.)
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