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The EPA Had a Bad Day at the Supreme Court
Reason ^ | Jan 10 2012 | Damon Root

Posted on 01/10/2012 7:50:42 PM PST by WilliamIII

Yesterday the Supreme Court heard oral arguments in the case of Sackett v. Environmental Protection Agency. At issue is whether the EPA’s use of “administrative compliance orders,” which are essentially government commands issued to property owners, should be subject to judicial review under the Fifth Amendment's Due Process Clause. In other words, when the EPA tells a homeowner to stop building because of a possible violation of the Clean Water Act, does that homeowner have the right to promptly challenge the EPA in court? As Robert Barnes observes in The Washington Post, “Justices across the ideological spectrum appeared troubled by the EPA’s position that Mike and Chantell Sackett do not have the right to go court to challenge the agency’s wetlands decision.” Barnes continues:

The government has said the EPA’s power to issue compliance orders, with its threats of huge fines, is a way to quickly move to stop environmental damage. Allowing polluters to go to court would tie up the agency in litigation.

But several justices seemed to agree with the Sacketts’s lawyer, Damien M. Schiff of the Pacific Legal Foundation, that those subject to the EPA orders should not have to wait for the agency to decide whether to go to court.

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


TOPICS: Constitution/Conservatism; Government
KEYWORDS: default; dollarcollapse; economy; ecoterrorism; epa; greenreligion; populationcontrol; sackett; scotussackett; starvethebeast; wetlands

1 posted on 01/10/2012 7:50:46 PM PST by WilliamIII
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To: WilliamIII
Severe overreach. Defined in directives.

Good for the comeuppance.

Can't think of anyone that deserves it more.

My message for the libs is that you REALLY, REALLY don't want to live in a world with no rules or arbitrary rules. Rules (some rules) are good.

No rules means I win. I'm faster, smarter, and better armed. And in a world with no rules... that's all that counts.

/johnny

2 posted on 01/10/2012 7:59:44 PM PST by JRandomFreeper (Gone Galt)
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To: WilliamIII

Due process? What century is the author living in?


3 posted on 01/10/2012 8:05:42 PM PST by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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To: 2ndDivisionVet
"Due process? What century is the author living in?"

Yeah; and how's this consistent with Executive Orders and their implementation?

4 posted on 01/10/2012 8:10:03 PM PST by traditional1 (Free speech for me.....not for thee)
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To: 2ndDivisionVet
This is what makes bureaucrats so dangerously malignant. They operate outside the legal system. This case, if decided correctly, potentially could do more to control government tyranny than ten elections.
5 posted on 01/10/2012 8:10:15 PM PST by hinckley buzzard
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To: 2ndDivisionVet

Yeah, it’s quaint, isn’t it?


6 posted on 01/10/2012 8:10:34 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: WilliamIII

Anybody know how the”wise Latina” ruled?


7 posted on 01/10/2012 8:15:12 PM PST by LMAO ("Begging hands and Bleeding hearts will only cry out for more"...Anthem from Rush)
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To: hinckley buzzard

There should be a taxpayer ombudsman that literally attacks government when it goes outside it’s Constitutional bounds.

Think government gadfly.


8 posted on 01/10/2012 8:15:25 PM PST by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: WilliamIII

Repub nominee needs to campaign on cutting EPA budget in half and rewriting their charter.

We can have clean air and water without the gestapo tactics used to discourage and shutter industry and growth.


9 posted on 01/10/2012 8:21:04 PM PST by G Larry ("I dream of a day when a man is judged by the content of his Character.")
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To: WilliamIII

Couple years ago the NOAA discovered that a single-woman biz in Florida was selling a coral product (in a list of hundreds of products) without a license:

2 DOZEN agents in kooky nijya outfits did a dynamic entry on her house with machine-guns.

They kicked over stuff, zip-tied her, ran around screaming in her ear.

Alice in Wonderland.

Did u know the Dept of Education now ALSO has a *SWAT team?* I’m serious.


10 posted on 01/10/2012 8:24:37 PM PST by gaijin
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To: LMAO
Anybody know how the”wise Latina” ruled?

They heard oral arguments. They will deliberate next. They won’t rule for a couple of months

11 posted on 01/10/2012 8:27:18 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: LMAO

No ruling for months yet.


12 posted on 01/10/2012 8:28:25 PM PST by Paladin2
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To: WilliamIII

How’s this for justice? Make the EPA build their house as planned, and pay for it out of the EXECUTIVE’S paychecks.


13 posted on 01/10/2012 8:31:21 PM PST by irishtenor (Everything in moderation, however, too much whiskey is just enough... Mark Twain)
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To: Paladin2

My bad, I thought the court ruled already.

Ok, then anyone wanna guess how the wise Latina will rule?


14 posted on 01/10/2012 8:31:49 PM PST by LMAO ("Begging hands and Bleeding hearts will only cry out for more"...Anthem from Rush)
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To: WilliamIII; Paladin2
On Friday you will be able to listen to the oral arguments and find out which way the wise latina was leaning.

Oral Arguments

15 posted on 01/10/2012 8:33:23 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: WilliamIII
On less than 2/3 acre in a developed suburban area, a “wetlands” appeared. Lo and behold a duck landed. Presto, now EPA controlled. The owner says there is no wetlands, probably because the bad drainage has been remedied as part of property owners liability for mosquito abatement. They get him either way as we witness the clash of agencies over sheeple herd control. It's funny that our Gov. Butch Otter (R) had a similar problem with his few acres horse ranch, a dry season I guess took care of it.
16 posted on 01/10/2012 8:37:50 PM PST by existtoexcel
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To: Hoosier-Daddy

“when it goes outside it’s Constitutional bounds”...

Good luck with that. The truth is the majority of government operates outside its constitutional bounds these days.


17 posted on 01/10/2012 8:41:09 PM PST by DB
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To: WilliamIII

Time for the EPA to eat their peas.


18 posted on 01/10/2012 8:44:01 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: WilliamIII

Congress could help in these cases by enacting Loser Pays.


19 posted on 01/10/2012 8:49:34 PM PST by lurk
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To: gaijin

Yes, you’re correct.

These ‘police forces’ are part of the corruption in Constitutional government that the CSIS and Rand Corporation created when they developed the idea of a ‘homeland security’ branch of the federal government.

They created ‘homeland security’ as a means of generating money for themselves, as they are paid to develop ideas like deputizing all departments of the executive branch, and then are paid to implement them.

In no way can a country be free, if every government office has its own police force and the directive to implement whatever regulation they want and enforce compliance themselves.

NOAA is particularly offensive, as a wind and weather monitoring group, they now implement international law through regulatory compliance, and they have armed deputies who can shoot and kill you if you disturb the birds in the ‘marine sanctuary’.

Right now they are trying to run the United States Coast Guard off their base near the pier in Monterey and force them to move away from the water so that NOAA can take over the prime real estate location. They have support from Congressman Sam Farr, who I have no doubt will make this happen.

It’s a nightmare.


20 posted on 01/10/2012 8:52:55 PM PST by hedgetrimmer
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To: Hoosier-Daddy; hinckley buzzard

What we need to do is to force Congress to define the penalties for each act against the Constitution, so if these bureaucrats are accused and convicted, there is no question of evading penalty. It should include fines on individuals, jail time, prison time and in extreme cases the death penalty, I suppose.

The lack of penalty for wrong doing is one reason, I believe, that we have such an out of control government.


21 posted on 01/10/2012 8:56:54 PM PST by hedgetrimmer
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To: WilliamIII

This should be a unanimous decision reversing the Ninth Circus and ruling for the People over the bureaucrats. Hopefully, we get a broad ruling aimed at the all of the unelected minions in the federal government.


22 posted on 01/10/2012 8:57:58 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: hedgetrimmer

I had no idea, wow —I rollerblade and dive there all the time.

I sometimes played frisbee with some of the CG dudes there.

I’m so disappointed to hear this.

NOAA already has a large and fancy facility near the lighthouse on Asilomar, in the dunes near Spanish Bay.

The way they’ve decorated it with art you would NEVER guess they’re ecp storm-troopers, but then again maybe that’s the idea.


23 posted on 01/10/2012 9:21:41 PM PST by gaijin
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To: gaijin

They took over the bottom floor of the dormitory last year, and some of the offices in the Comm center.

But they won’t be happy until they have the whole facility.

They are the most arrogant and anti-human ‘public servants’ I ever met.


24 posted on 01/10/2012 9:56:29 PM PST by hedgetrimmer
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To: WilliamIII

“The EPA Had a Bad Day at the Supreme Court”

We can hope, one in a long string of bad days especially starting at the beginning of next year.


25 posted on 01/10/2012 10:04:39 PM PST by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: existtoexcel

Some years ago the local municipal golf course was planning some alterations, and I played the course one day and got to see the pink flags sticking out of puddles. Well, maybe a big and persistent puddle along the edge of one fairway, but believe me it was no more than a puddle. Even so that pink flag made it a kingdom, unless I was seeing the whole thing wrong.


26 posted on 01/10/2012 10:34:49 PM PST by dr_lew
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To: WilliamIII; All
Found an interesting, and very valid, Opinion from the Supreme Court at The Environmental Protection Agency U-n-c-o-n-s-t-i-t-u-t-i-o-n-a-l by Sheriff Richard Mack.

US Supreme Court Justice Scalia wrote the following commentary in his delivered Opinion for the case Printz v. United States (95-1478), 521 U.S. 898 (1997)

We do need a federal EPA to coordinate the various State EPA's, but that could be accomplished with ten percent of the middle/upper management and 33 percent of the bureaucrats - terminate the rest.

Looks as if this is going to be another slap-down for the EPA and the greenazis infesting it!

27 posted on 01/11/2012 1:21:54 AM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: WilliamIII

It’s interesting that Breyer has qualms after being one of five liberal/swing votes in Kelo that gave government expansive powers. That didn’t work out too well, maybe he noticed.


28 posted on 01/11/2012 3:13:24 AM PST by gusopol3
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To: brityank
We do need a federal EPA to coordinate the various State EPA's,

If so, why not just fold those functions back into Interior and close EPA down ?

29 posted on 01/11/2012 3:18:45 AM PST by gusopol3
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To: gusopol3

17,384 EPA employees on the bread line sounds fine to me .. (2010 numbers ,, probably at least 20% higher now)


30 posted on 01/11/2012 4:17:16 AM PST by Neidermeyer
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To: WilliamIII; Army Air Corps; Dr. Bogus Pachysandra; grey_whiskers; ApplegateRanch; Whenifhow; ...
 


Beam me to Planet Gore !

31 posted on 01/11/2012 4:50:30 AM PST by steelyourfaith (If it's "green" ... it's crap !!!)
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To: G Larry

Newt already has and does. He’s for abolishing it and creating something else (with new people) which has less control.


32 posted on 01/11/2012 12:30:58 PM PST by thatjoeguy (MAYDAY! MAYDAY! We are so going in ! !)
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