Free Republic

NEWPORT NEWS — It might have been the most expensive mowing job in city history — as Newport News is now paying $950,000 to buy a property it shouldn't have mowed. This weedy tale began in summer 2010, when City Farm inmates on a work detail for the Codes Compliance Department mistakenly mowed property off of Jefferson Avenue. The city was responding to a high weeds complaint, but did not realize that the 37-acre property in Denbigh was protected wetlands, officials said. "After the fact, we found out that it was wetlands and we shouldn't have mowed it," said Harold...

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...

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.

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...

PRIEST LAKE, Idaho -- Sitting unobtrusively across the road from a pristine lake in the northern Idaho panhandle, the half-acre lot covered with weeds and piles of gravel isn't much to look at. And yet, in a few months' time, the nine justices of the U.S. Supreme Court will decide its fate. For four years the land has sat idle while its owners, Mike and Chantell Sackett, have been locked in a fight with U.S. EPA.

Back in power, House Republicans may have poisoned the well with their austere spending strategy, including the fiscal 2012 interior and environment spending bill that is on track for approval Tuesday in the Appropriations Committee. Under the legislation, the Interior Department’s overall budget would fall $720 million from fiscal 2011. A popular land and water conservation fund would see a more than 80 percent cut to $62 million, while funding for the North American Wetlands Conservation Act would get a 47 percent reduction to $20 million. State Wildlife Grants would also be cut 64 percent to $22 million. Wildlife-themed riders...

HALF MOON BAY -- Between budget losses and lawsuit payments, Half Moon Bay's financials have become so dire that if a local sales tax measure doesn't pass this November, officials say they may have to disincorporate. City leaders have been using the "D" word for a few weeks now as they try to persuade voters to pass Measure K, a one-cent sales tax increase that would help the city balance its budget with an extra infusion of $1.4 million per year for the next seven years. Dissolving Half Moon Bay -- handing the city's budget, operations and services to San...

Emergencies: As frustration with the federal response grows, Louisiana's governor lashes out at the feds for doing little except blame BP for the Gulf oil spill. Meanwhile, Congress sees a chance to raise your gas taxes. While the Obama administration continues on its quest to fundamentally transform America, the largely unabated Deepwater Horizon spill in the Gulf of Mexico threatens to fundamentally transform the ecosystems and economy of Louisiana and the Gulf region. The federal government's response so far has consisted largely of scapegoating BP and ignoring its own responsibilities and lack of preparation, railing against Big Oil, while Congress...

Some photos we took of some birds while we were trying to avoid the News.

Regulations: The Clean Water Act is being rewritten to give a government bureaucracy the power to regulate every body of water from the Mississippi River to a rain-flooded field. The first casualty may be American coal. With all the concern for the harm that cap-and-trade and regulating carbon dioxide as a pollutant might do to the American economy and free markets, the Environmental Protection Agency is doing quite enough damage with an existing law on the books — the Clean Water Act. Congress plans to revise it to make it an even more powerful bludgeon against industry, energy producers and...

MADRID (AFP) – Underground fires have been raging for weeks in a wetlands area in southern Spain, sparked by the dry summer and the overuse of water for agriculture, an environmentalist said Tuesday. The Tablas de Daimiel National Park, fed by the Guadiana river, has been drying up since the 1980s, and some lagoons have already disappeared. In late August, hot dry weather caused the peat subsurface to catch fire, and plumes of smoke can be seen rising from the ground, said Jose Manuel Hernandez, head of the environmental organisation that looks after the park. "This is a new phenomenon...

Bismarck, N.D. (AP) -- Armed with a tractor or a backhoe, Alvin Peterson moves dirt to drain prairie potholes on his land, saying he's putting the land back to the way God intended. The 78-year-old retired farmer from Lawton, in northeastern North Dakota, has been in hot water with the U.S. Fish and Wildlife Service over wetlands for more than 40 years. The agency had an easement contract with his father for the potholes to house and feed wildlife. Federal authorities, after dealing for decades with Peterson's pothole-emptying antics, began cracking down on him. Last month — and for the...

The city of Half Moon Bay found itself in serious financial trouble last year after U.S. District Court Judge Vaughn Walker ruled that the city had to pay a local developer $37 million - $41 million with legal fees added. The judgment amounted to close to four times the city's annual budget, or more than $3,000 per resident in this city of fewer than 13,000. Bankruptcy loomed. Walker found that a city drain project inadvertently had created wetlands on developer Charles "Chop" Keenan's property. When Half Moon Bay later cited those same wetlands as grounds to stop Keenan from developing...

Louisiana’s Wetlands Are Being Lost At The Rate Of One Football Field Every 38 Minutes ScienceDaily (Jan. 4, 2008) — LSU and Ohio State University will battle for the BCS National College Football Championship in the Superdome early next week, but if the game was held in the Louisiana wetlands instead, the entire field would disappear before halftime. Louisiana’s wetlands are being lost at the rate of approximately one football field every 38 minutes. To fight against this rapid destruction, the two universities joined forces in 2003, forming an ongoing research partnership with the goal of rebuilding the vanishing coastal...

(12-19) 05:46 PST Half Moon Bay, Calif. (AP) -- Officials in Half Moon Bay will fight a court ruling that would have the city pay a judgment of nearly $37 million. The City Council voted unanimously Tuesday night to hire a San Francisco law firm to appeal a ruling by a federal judge ordering the city to pay $36.8 million to Palo Alto-based developer Charles Keenan. The judgment is nearly four times the city's annual budget. City council members said in a joint statement the order threatens the "very existence of our city government." The ruling against Half Moon Bay...

Jeff White in the vegetable garden on his 7-acre West Milford property. The state claims part of the garden is too close to wetlands. WEST MILFORD -- He hired experts, tested the soil, planted veggies and erected an electrified fence to keep out the bears. But what newbie farmer Jeff White didn't know was that he also had to shield his garden from red tape.  State officials say part of the 4,500-square-foot garden sits too close to wetlands. Specifically, it is on a "deed-restricted transition area" or buffer of wetlands, and the state wants it dismantled. The state also...

WASHINGTON (AP) -- The Bush administration made it harder Tuesday for non-permanent streams and nearby wetlands to be protected under the federal Clean Water Act. The new guidance issued by the Environmental Protection Agency and the Army Corps of Engineers requires that for such waters to be protected there must be a "significant nexus" shown between the intermittent stream or wetland and a traditional waterway. And the guidance says a determination will be made on a case-by-case basis, analyzing flow and other issues. Environmentalist argued that would negate the broader regional importance of many such waterways in the aggregate on...

MARTINSVILLE, Ind. - In a town that is one of the key battlegrounds in the Interstate 69 fight, environmental groups Monday announced a federal lawsuit to block design and planning of the Evansville-to-Indianapolis leg of the highway. The plaintiffs, including the Hoosier Environmental Council and several business owners, allege that the Indiana Department of Transportation ignored harmful environmental impacts of building a direct route between Evansville and Indianapolis. It also claims INDOT was biased against a route that would have upgraded the existing U.S. 41-Interstate 70 corridor into a new highway. It accuses 11 defendants - state and federal agencies...

Challenging the widely held view that levees and hurricanes are two of the biggest perpetrators in the ongoing demise of Louisiana's coast, researchers from Louisiana State University say the millions of tons of sand and silt swept in by Hurricanes Katrina and Rita prove that major storms actually help wetlands. Their conclusions, reported in today's edition of the journal Science and based on sediment measurements taken after the storms, call into question the entire foundation of Louisiana's sweeping coastal restoration program. That effort has been driven by the assumption that levees along the Mississippi River starved the coast of vital...

Scientists have long said the only way to restore Louisiana’s vanishing wetlands is to undo the elaborate levee system that controls the Mississippi River, not with the small projects that have been tried here and there, but with a massive diversion that would send the muddy river flooding wholesale into the state’s sediment-starved marshes. And most of them have long dismissed the idea as impractical, unaffordable and lethal to the region’s economy. Now, they are reconsidering. In fact, when a group of researchers convened last April to consider the fate of the Louisiana coast, their recommendation was unanimous: divert the...