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Supreme Court appears sympathetic to Idaho couple in 4-year battle with EPA
Washington Post ^ | Jan 10, 2012 | Robert Barnes

Posted on 01/10/2012 8:24:22 AM PST by epithermal

Conservative members of the Supreme Court seemed outraged Monday by the Environmental Protection Agency’s actions in a four-year battle with an Idaho couple who want to build a house on land the EPA says contains sensitive wetlands.

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


TOPICS: Constitution/Conservatism; Government
KEYWORDS: envirowackos; epa; taking; wetlands
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To: Venturer
Everybody who is not an extreme envirowhacko is outraged at the EPA. When their electric bills double even they may get the message.

It's a lot worse than electric rates. This building (I couldn't even get the whole thing in the picture!)

is the EPA Building. It appears to me to be the largest building (based upon frontage) on the Washington Mall. Inside this building is an army of bureaucrats. And they're just the tip of the iceberg as there are EPA soldiers all over the country attacking businesses. Each of these businesses must employ their own defensive force with usually with equal or larger numbers. Of course all of these defensive forces owe their jobs to the EPA too and many of them know it. This is a cancer which needs to be completely purged from the national government.

ML/NJ

21 posted on 01/10/2012 10:17:33 AM PST by ml/nj
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22 posted on 01/10/2012 10:34:55 AM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: AlmaKing

If they win the EPA Nazi’s will change the rules and still win.


23 posted on 01/10/2012 10:48:07 AM PST by boomop1 (term limits is the only way to save this country.)
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To: epithermal

http://www.fws.gov/wetlands/Data/HisMapRep/IDSandpointSpokane.pdf


24 posted on 01/10/2012 11:06:38 AM PST by Paladin2
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To: epithermal
It's there. Priest Lake is SW of Bonners Ferry.

"Description for code PSS1C : P System PALUSTRINE: The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, emergents, mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean derived salts is below 0.5 ppt. Wetlands lacking such vegetation are also included if they exhibit all of the following characteristics: 1. are less than 8 hectares ( 20 acres ); 2. do not have an active wave-formed or bedrock shoreline feature; 3. have at low water a depth less than 2 meters (6.6 feet) in the deepest part of the basin; 4. have a salinity due to ocean-derived salts of less than 0.5 ppt. Subsystem : SS Class SCRUB-SHRUB: Includes areas dominated by woody vegetation less than 6 m (20 feet) tall. The species include true shrubs, young trees (saplings), and trees or shrubs that are small or stunted because of environmental conditions. 1 Subclass Broad-Leaved Deciduous: Woody angiosperms (trees or shrubs) with relatively wide, flat leaves that are shed during the cold or dry season; e.g., black ash (Fraxinus nigra). Modifier(s): C WATER REGIME Seasonally Flooded: Surface water is present for extended periods especially early in the growing season, but is absent by the end of the growing season in most years. The water table after flooding ceases is variable, extending from saturated to the surface to a water table well below the ground surface. "

48.5708

-116.9198

Who knows how (satellite or boots on ground or?)or when the determination was made.

25 posted on 01/10/2012 11:11:39 AM PST by Paladin2
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To: Paladin2

Thanks. I would question whether there were ever “boots on the ground” for most of the mapping.


26 posted on 01/10/2012 12:38:30 PM PST by epithermal
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To: epithermal
Thanks for the link to the Mosquito Preserve Inventory.

I may be buying some land within 500 mi of there and don't want to get into a similar situation.

27 posted on 01/10/2012 2:00:54 PM PST by Paladin2
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To: epithermal
"Federal, State and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory.

There is no attempt, in either the design or products of this inventory, to define limits of proprietary jurisdiction of any Federal, State, or local government or to establish the geographical scope of regulatory programs of government agencies.

Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, State, or local agencies concerning specific agency regulatory programs and proprietary jurisdictions that may affect such activities."

Caveat Emptor.

28 posted on 01/10/2012 2:05:54 PM PST by Paladin2
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To: Lancey Howard

She’s hard to characterize. You are right, she’s not really a classic leftist, but here is an interesting paragraph from Wikipedia:

“Some of her views have been characterized as conservative,[2] but Paglia characterizes herself as a Clinton Democrat and libertarian.[5][53] She opposes laws against prostitution, pornography, drugs, and abortion.[60] Paglia criticized Clinton for not resigning after the Monica Lewinsky scandal, which she says led to America being “blindsided by 9/11”.[61] In the 2000 US presidential campaign she voted for the Green Party candidate Ralph Nader, “[because] I detest the arrogant, corrupt superstructure of the Democratic Party, with which I remain stubbornly registered”.[61] In the 2004 U.S. presidential election, Paglia supported John Kerry; and in 2008, she supported Barack Obama.”


29 posted on 01/10/2012 3:53:50 PM PST by I still care (I miss my friends, bagels, and the NYC skyline - but not the taxes. I love the South.)
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To: AlmaKing
Last sentence of the article indicates there are 5 votes in this couple’s favor. p> I'm smelling a 9-0 decision against the EPA.

Breyer, I believe, expressed an opinion that is shared with Ginsburg.

In a case that is pre-decided, Kennedy will vote with the majority.

The Wise Latina and Unqualified Hackette will not stand by themselves.

The EPA didn't lose the war, but they just lost a critical battle.

The Sacketts may well have breached the regulations. But, so what, dammit! A federal agency doesn't have any business determining whether a given lot in Priest Lake, Idaho is buildable or not. That is properly a local decision.

30 posted on 01/10/2012 4:28:49 PM PST by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: okie01
"That is properly a local decision. "

Yep. That the local govt were unaware of or unwilling to notify (the Sacketts)about or unwilling to fight the EPA's determination seems actionable.

31 posted on 01/10/2012 4:51:59 PM PST by Paladin2
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