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 ...
Congress is tasked by the Constitution with making laws that effect the entire country. Congress can change the EPA if they want to do so. Congress is mostly despicable in writing vague laws giving power to bureaucrats and lots of employment to lawyers who file lawsuits because of the deliberatly vague writing in the laws. Is there any real hope that anything will change?
Nice, very nice. A picture.....
No change. Congress likes the way things are. It gives them political cover and frees them from having to make any decisions or accept responsibility.
No, the EPA didn't sue them. That's what the case is actually all about.
EPA told the couple that their property is a wetland, and if they build on it they will face a fine of $37,500 per day. The couple said, no, it's not a wetland. The EPA said, OK, go ahead and build on it, and then we'll sue you for the $37,500 per day, and then the court will decide if it's a wetland or not.
The couple then sued the EPA so it could get a court decision on whether it's a wetland or not before they build; the theory of their lawsuit is that if the EPA is right and they are wrong, they want to know it before they incur ruinous fines.
The lower courts said that they can't sue the EPA, they have to wait for the EPA to sue them. That's the only issue before the Court: not whether the property is a wetland, but whether they can sue before they build.
The facts are so sympathetic for the couple, and the EPA is being so heavy-handed, that the couple will probably win. But the usual rule in most areas of law is the other way: for example, I can't sue the police before I shoot someone to get an advisory ruling if it would be self-defense or murder.
They did take the case. It was argued today. But, as I explained above, the issue before the Court isn't whether the property is a wetland or not; the issue is whether they can sue the EPA to get an answer to that question before they build on the property.
Same with hiring at a small business. If you have to fire a black hire for doing a poor job, just get ready for the lawsuit. They have shot themselves in the foot by constantly doing this.
Another map Here. Let's see, all of Florida, Minnesota, Louisiana, Wisconsin, Michigan, Alabama and parts of many other states.
"Hi, I'm from the EPA, and I'm here to inform you your property is inhabiting a wetland as designated by the US government. You will be hearing from our attorneys."
Remember in November. . .
“But, what does the Wise Latina from the Bronx think?”
Think? Did you ask if Sotomayor thinks? She feels, empathizes, and most of all, she knows. Ask her, she will tell you so.
It’s the great American nightmare we just can’t seem to wake up from. Thank God America-lovers continue to show such restraint.
If GWB had done any of a thousand things Hussein has, the OWS and other leftists would be rioting, burning and blowing things up in their “righteous” indignation; and the media would purr with sympathy and crucify the Republican. We’re swimming upstream, playing football from the bottom end of a sixty-degree grade field. It’s unbelievable how stacked the game is against us and how difficult it is to get people to see what’s happening right in front of their noses.
Yes, a word more pointed than “infuriating” would apply better.
Alito, Scalia and Roberts have made their views clear. It's safe to assume Thomas is of the same mind.
The four libs will vote to uphold the EPA and financially destroy the Sacketts for their impudence, of course. p> So, once again, Anthony Kennedy will define for us "what the law really is".
Another fucking Obama rat abandoning the “ship of fools”.
Hmmm. That's exactly what the EPA wants to do to America.
Where my wife used to work they fired about 15 people over the course of her employment there. Every one of them deserved it.
However, two sued to get their job back, and two of the 15 were black. Guess which two sued. ;)
For employers, hiring a black person is a huge legal risk. I would not do it if I could avoid it, for that single reason. They’re legal poison.
that the couple will probably win.
You are right - I got the info wrong. But I do hope the couple wins and builds their dream house.
the local school here has just hired the librarian , no problem, good money paid by tax payers but the problem is that she cannot carry the books, the cannot put the book on the shelves, well most of them, she cannot move boxes or anything.
Now I understand this young girl who just left college is confined to a wheel chair but when all the kids are having to do her work for her and 4 girls miss half of their last lesson to put books away for her then why the hell did they hire her if she can do only half if that of the job?
This is the same school which received a new principle, who has gone through 4 vice principles in 4 months because of this new principle, the same principle who has seen 30 plus year teachers quit in her short time at the school and is more content bringing in kids who have just left college.
Seems the older teachers and older people are quitting like crazy because they cannot work with her
Oh and she is a left wing tool too.
And that’s because....even tho our side may have a few wackos that can’t control their temper....they/we are still smart enough to know that losing that temper and acting out is EXACTLY what Obama and his leftist cabal wants us to do....and we’re just stubborn enough to not give it to them.
“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.”
And that’s because....even tho our side may have a few wackos that can’t control their temper....they/we are still smart enough to know that losing that temper and acting out is EXACTLY what Obama and his leftist cabal wants us to do....and we’re just stubborn enough to not give it to them.
“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.”
I wonder which neighbor is cozy with the EPA...
The situation is similar (but not matching) to Kelo, which was a terrible decision for SCOTUS. Wonder how they’d be able to rule against Kelo, but for these citizens.
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