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EPA hunting bullfrogs with shotgun in Sackett case
Delta Farm Press ^ | Jan 17 2012 | Chris Bennett

Posted on 01/18/2012 7:57:18 PM PST by WilliamIII

The EPA has 17,000 full time employees and approximately a $8.4 billion budget. It also has a fondness for hunting bullfrogs with a shotgun.

Case in point: Mike and Chantell Sackett began building on waterfront property at Priest Lake, Idaho, in 2007. Their lot was less than a single acre (.63) and bordered by other residential properties. As they were laying gravel and grading the property, EPA officials arrived, claimed they were acting on an anonymous tip, and declared the location a “wetland without a federal permit.” Essentially, EPA issued a compliance order directing the Sacketts to restore the site to its previous condition.

The order demanded they “remove all fill, replace any lost vegetation, and monitor the fenced-off site for three years,” or else face “great cost” and a “threat of civil fines of tens of thousands of dollars per day, as well as possible criminal penalties.” The fines in the Sackett case ranged up to $37,500 per day.

For average Americans, EPA compliance orders carry the weight of law because options are, well, extremely limited. The lucky recipients of a compliance order basically have two choices: (1) They can obey the EPA and comply. In the Sackett case, the cost of cleanup and restoration would have exceeded the $23,000 they had originally paid for the property. (2) The other choice is to force the EPA’s hand and wait for a suit. This option comes with a kicker for the property owner — the daily EPA fine meter ticks on until the court date comes.

If the landowners choose door No. 2, the EPA can bleed them dry: ... (The Sacketts currently owe the EPA close to $40 million.)

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


TOPICS: Editorial; Government
KEYWORDS:

1 posted on 01/18/2012 7:57:22 PM PST by WilliamIII
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To: WilliamIII
40 Million $??
As said in Texas Hold'em, the Sacketts are All In.
2 posted on 01/18/2012 8:06:25 PM PST by Deaf Smith
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To: WilliamIII
from what I’ve read over many years....you just don't want to mess with a Sackett
3 posted on 01/18/2012 8:07:12 PM PST by stylin19a (obama - "FREDO" smart)
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To: WilliamIII

How is their property any different than their neighbors? It would seem that if all the land was a wet land then even their neighbors would be in violation too.


4 posted on 01/18/2012 8:08:50 PM PST by guitarplayer1953 (Grammar & spelling maybe wrong, get over it, the world will not come to an end!)
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To: WilliamIII

Yes Sir Mr. EPA, we were roasting wienees on the grill there and then the next thing we knew the whole place went up in flames. Sorry bout yer frogs.


5 posted on 01/18/2012 8:09:09 PM PST by FishinTX
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To: WilliamIII

Barnabas Sackett must be rolling over in his fictional grave.


6 posted on 01/18/2012 8:10:45 PM PST by ElkGroveDan (My tagline is in the shop.)
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To: WilliamIII

if the “brilliant” EPA officials would make the fines high but realistic, they would be much more of a threat. They can fine me $37,500 from now until the end of time and it would not frighten me a bit...I haven’t $37.50 to my name and their threats would fall on deaf ears. I see that happening often, especially in federal cases, so and so was found guilty, sentenced to 30 years in prison and fined $1,250,000....what’s the point???


7 posted on 01/18/2012 8:12:30 PM PST by terycarl (lurking, but well informed)
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To: guitarplayer1953
The EPA (Richard Nixon's legacy offering to liberals) has the authority to make and enforce its own laws. It can declare any puddle or mud bog as a wetland.

THIS MONSTER MUST BE KILLED

8 posted on 01/18/2012 8:16:08 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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To: WilliamIII
In a battle with common sense, EPA has bound regulation, judicial review, due process and bureaucracy into a Gordian knot that desperately needs to be cut.

Cut? Hell, Dissolve it totally.

Size DC!

9 posted on 01/18/2012 8:22:34 PM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: WilliamIII
"....Sackett began building on waterfront property at Priest Lake, Idaho"

IT'S NOT WATERFRONT property! Who writes this drivel?

10 posted on 01/18/2012 8:25:18 PM PST by Paladin2
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To: terycarl
"....what’s the point???"

What's being exposed here is the failure of government in that some nickle and dime lifer who has nothing, does nothing and means nothing to anyone but himself was making his taxpayer funded rounds in his taxpayer funded truck befoer going to his taxpayer paid lunch and decided to justify his position by "writing someone up" for an innocuous violation.

But, kaakaa hit the fan when the Sacketts stood their ground and government being what it is, they could not back down. So, millions are going up in smoke while the justice we all know should be done is in question, possibly hanging on the votes of the two communist justices Obama has put on the Supreme court because the republicans in the senate have no balls. The case certainly has its cloudy elements; both sides are contesting who knew what and when. But at the end of the day, it appears EPA would rather sacrifice the Sacketts than admit that something smells odd and make the common man bow to the bureaucracy right or wrong. In a battle with common sense, EPA has bound regulation, judicial review, due process and bureaucracy into a Gordian knot that desperately needs to be cut. Since 2007, when the Sackett saga began, how much U.S. money has EPA spent on the case? How many millions in American taxpayer dollars will EPA burn up in pursuit of the Sacketts? No wonder EPA needs a $8.4 billion budget

11 posted on 01/18/2012 8:25:42 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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To: Baynative
I agree this monster must be killed.

And here's the kicker:

Did you notice that the EPA was acting on an anonymous tip?

Odds are that is a neighbor who liked the free park land next door and had an "in" with somebody in the EPA.

This is what went on in Soviet or fascist states -- turning somebody in to the secret police to get their property or job, or because their house spoils your view. Although it's gone on since the days of the Bible (Ahab and Naboth's vineyard).

Welcome to the police state, courtesy of the EPA.

12 posted on 01/18/2012 8:25:50 PM PST by AnAmericanMother (Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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To: AnAmericanMother

Good point. Maybe some “greenie” who has a gripe with the Sacketts for something totally unrelated to their wanting to build a home.


13 posted on 01/18/2012 8:28:48 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
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To: guitarplayer1953

It’s a seasonal wetland ID’d as such by the Fish and Wildlife Service with caveats that their analysis could be off (other branches of the GOVT could have a different determination) and that folks should check with their gov’ts, which the Sacketts more or less did.


14 posted on 01/18/2012 8:28:55 PM PST by Paladin2
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To: guitarplayer1953

I would wager that one of the bordering neighbors didn’t want their little half-acre of heaven to have a new neighbor.


15 posted on 01/18/2012 8:31:33 PM PST by healy61
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To: WilliamIII

$8.4 billion budget to put people out of work and destroy the economy.


16 posted on 01/18/2012 8:34:09 PM PST by GrandJediMasterYoda (Illegal aliens do not belong in the USA. Deport Obama.)
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To: guitarplayer1953
"How is their property any different than their neighbors?"

It wasn't developed before the satellite and software survey was done.

17 posted on 01/18/2012 8:34:35 PM PST by Paladin2
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To: Baynative
The EPA (Richard Nixon's legacy offering to liberals)...

One of many. It's ironic that to the Left, Nixon is the ultimate Boogie Man. But the reality is, he made all of LBJ's disastrous "Great Society' dreams come true when he could have stopped them in their tracks.

Nixon was a slick politician who had no real convictions beyond foreign policy. On that front, he did the best he could, but on spending and social policy, he was a tool for the hard left. He gave them every thing they wanted and destroyed generations in the process.

Every time you go through some run-down 'inner city' neighborhood where kids are shooting each other every day, credit Lyndon Johnson and Richard Nixon for the carnage. It was never either of their 'intentions', but between them with their 'compassion' (fueled by other people's money), they killed more blacks than the KKK could ever dream of. And it continues with no end is sight.

18 posted on 01/18/2012 8:37:39 PM PST by Ditto (Nov 2, 2010 -- Partial cleaning accomplished. More trash to remove in 2012)
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To: Baynative

“THIS MONSTER MUST BE KILLED”

And the FTC too. This is another agency that does major damage to small companies. Few companies have the resources to fight them. It’s a corrupt agency with a revolving door to outside law firms representing companies that use the FTC to ruin their rivals. Some FTC commissioners belong in jail.


19 posted on 01/18/2012 8:38:18 PM PST by Pelham (Vultures for Romney. We pluck your carcass)
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To: Paladin2
A lot of great replies a wet land can as some have said be seasonal that is true but generally a wet land is more than .63 acres. So who live up stream and down and to the left and right of them I would venture to say they are guilty too.
20 posted on 01/18/2012 8:39:42 PM PST by guitarplayer1953 (Grammar & spelling maybe wrong, get over it, the world will not come to an end!)
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To: stylin19a

I had one run-in with the EPA. I bought a property of 18 acres, half of which was high and dry. There was an intermittent stream on the north end of the property which had been dammed to create a reservoir in the winter for ice-cutting which made a couple hundred feet of swail even though the dam was breached for years. Also, the railroad came through about that time and altered the drainage. In the 20th century, one state road and one federal were built, further entombing my property and trapping more water. Voila! Suddenly the EPA decreed most of my property to be sacred and forevermore inviolable wetlands, even though their wetness was entirely the product of entirely legal human activity in previous eras. I had intended to retire on that property and run a nice little gentleman’s farm, but once it was designated wetland I couldn’t even dig a ditch or create a driveway through the Joe Pye weed. The ridiculous restrictions the EPA placed on my use of my property reduced the resale value of my property after having made the property useless to me. However, I was in no position to challenge the EPA, not being a politically connected entity within the spiders web of the greenies. My personal recommendation is for congress to eliminate the EPA, firing everyone in it, relinquishing all of its property and assets, and waiting ten years before considering another such green gestapo. And forbidding the new agency from employing anyone who worked for the current EPA.


21 posted on 01/18/2012 8:46:31 PM PST by mathurine
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To: stylin19a

I had one run-in with the EPA. I bought a property of 18 acres, half of which was high and dry. There was an intermittent stream on the north end of the property which had been dammed to create a reservoir in the winter for ice-cutting which made a couple hundred feet of swail even though the dam was breached for years. Also, the railroad came through about that time and altered the drainage. In the 20th century, one state road and one federal were built, further entombing my property and trapping more water. Voila! Suddenly the EPA decreed most of my property to be sacred and forevermore inviolable wetlands, even though their wetness was entirely the product of entirely legal human activity in previous eras. I had intended to retire on that property and run a nice little gentleman’s farm, but once it was designated wetland I couldn’t even dig a ditch or create a driveway through the Joe Pye weed. The ridiculous restrictions the EPA placed on my use of my property reduced the resale value of my property after having made the property useless to me. However, I was in no position to challenge the EPA, not being a politically connected entity within the spiders web of the greenies. My personal recommendation is for congress to eliminate the EPA, firing everyone in it, relinquishing all of its property and assets, and waiting ten years before considering another such green gestapo. And forbidding the new agency from employing anyone who worked for the current EPA.


22 posted on 01/18/2012 8:46:43 PM PST by mathurine
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To: terycarl

So you don’t have $37,500 or $40 million or whatever. Well, consider this. The federal court could then expect you to sell all your assets (and give them the money) and live on the street as a homeless person. You still could work—but you could procure food only to the extent that so doing pleases the court or bureaucracy or other federal official. If you should perish, whether of starvation, exposure, hard labor, disability, or whatever else, then your heirs would inherit your debt to society. Ultimately, someone will pay.

And that’s after your 30 years incarceration at hard labor (if you survive that long; otherwise, your heirs inherit and serve the remaining sentence) during which the fine accumulates interest and penalties, which may include incarceration at hard labor for a term of years. So don’t harm your great-grandchildren: obey federal law.


23 posted on 01/18/2012 8:58:11 PM PST by dufekin (Name our lead enemy: Islamic Republic of Iran, Mahmoud Ahmadinejad, Islamofascist terrorist dictator)
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To: stylin19a
...you just don't want to mess with a Sackett

Yep, I have to agree with that assessment...

Glad to see that today's Sacketts know how to deal with those low-down, filthy conniving EPA skunks, just like the Sacketts dealt with bad guys in the old days.

24 posted on 01/18/2012 9:04:13 PM PST by ProtectOurFreedom
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To: WilliamIII
” The fines in the Sackett case ranged up to $37,500 per day.

The EPA has gone amok. The land cost less than $30,000 for criminy sake.

We bought land in Evergreen, Colorado years ago. When we began building upon it, we were socked with a very hefty "Readiness to Serve" water bill (there was no water readily available on the raw land at the time). Greed takes many forms and the EPA appears to have it down pat.

25 posted on 01/18/2012 9:17:14 PM PST by MamaDearest
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To: guitarplayer1953
If you look at the map, the property is located in what was likely the part of the outlet of a much larger seasonal swamp. Then people filled and drained along the lakefront and developed.

Some time later a second road was run through the seasonal swamp farther away from the shore and the outlet of the inland swamp redirected. The Sackett property just hadn't been filled before the wetland inventory was done unlike all of their neighbor's properties. It is indeed separated from the larger inland swamp by the second road and it's filled roadbed and ditches.

Some neighbor had it in for them. The local gov'ts were completely useless in helping to point this out well before the development of the Sackett property began and should be defendants too.

26 posted on 01/18/2012 9:18:32 PM PST by Paladin2
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To: Paladin2

Nobody should be a “defendant”. The Sacketts’ 3-bedroom home plans don’t threaten anybody, least of all the environment. This isn’t nuclear waster, fer chrisake. The federal bureaucrats should be the “defendants” for butting in where there’s no need and they don’t belong.


27 posted on 01/18/2012 9:24:40 PM PST by WilliamIII
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To: Paladin2
I wonder how all their neighbors got their land drained fill without the EPA saying something along with the road going into the land. Was the land at one time OKed for development?
28 posted on 01/18/2012 9:26:44 PM PST by guitarplayer1953 (Grammar & spelling maybe wrong, get over it, the world will not come to an end!)
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To: WilliamIII
To be clear:

The EPA should be in the docket along with the local and state governments. Especially all of the bureaucrats involved should be held personally responsible for Civil Rights violations, RICO and extortion. It wouldn't hurt to have some discovery to ID the neighbor snitch.

29 posted on 01/18/2012 9:28:56 PM PST by Paladin2
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To: WilliamIII

$8.4 billion budget to put people out of work and destroy the economy.


30 posted on 01/18/2012 9:29:58 PM PST by GrandJediMasterYoda (Illegal aliens do not belong in the USA. Deport Obama.)
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To: guitarplayer1953

I suspect that much of the lake shore development was done before the EPA was formed and subsequently subverted into generating disease ridden, malarial mosquito preserves.


31 posted on 01/18/2012 9:31:50 PM PST by Paladin2
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To: Paladin2

What did the local gov’t do wrong? They issued a building permit. Why is that wrong? Land use is a local issue. EPA wants to make it a federal matter, and stomp all over local governments. The Founding Fathers would be appalled.


32 posted on 01/18/2012 9:33:57 PM PST by WilliamIII
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To: Paladin2
Sounds about right. It's amazing how a department that was envisioned to clean up the toxic conditions of the 1970’s with clean air, water and land has become this creature that prevents law abiding citizens from their God given right to the pursuit of happiness.
33 posted on 01/18/2012 9:41:18 PM PST by guitarplayer1953 (Grammar & spelling maybe wrong, get over it, the world will not come to an end!)
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To: mathurine
My personal recommendation is for congress to eliminate the EPA, firing everyone in it, relinquishing all of its property and assets, and waiting ten years before considering another such green gestapo. And forbidding the new agency from employing anyone who worked for the current EPA.

Add to that, roll back every rule it has ever written.

The EPA isn't the only government agency that needs to go away, but it should be the first one to go away. Getting rid of the EPA and its regulations would do wonders for our economy.

34 posted on 01/18/2012 10:05:05 PM PST by susannah59
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To: guitarplayer1953

How is their property any different than their neighbors? It would seem that if all the land was a wet land then even their neighbors would be in violation too.

you are probably correct and i am not an attorney, but it seems to me the epa ha a great deal of latitude how to mess with.
They decide and little (up until now) can be done about it.


35 posted on 01/18/2012 10:17:52 PM PST by genghis
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To: dufekin

“your heirs inherit and serve the remaining sentence”

Specific citations, please.


36 posted on 01/19/2012 7:05:35 AM PST by GladesGuru (In a society predicated upon freedom, it is necessary to examine principles."...the public interest)
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To: dufekin
Ultimately, someone will pay. And that’s after your 30 years incarceration at hard labor (if you survive that long; otherwise, your heirs inherit and serve the remaining sentence) during which the fine accumulates interest and penalties, which may include incarceration at hard labor for a term of years. So don’t harm your great-grandchildren: obey federal law.

nonsense, the fines would go unpaid and I wouldn't go hungry nor would my heirs inherit any part of the problem. Sometimes irrational fear of the government forces people to do things they otherwise wouldn't. I have no irrational fear of the government.

37 posted on 01/19/2012 10:01:35 AM PST by terycarl (lurking, but well informed)
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