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High Court agrees to decide: Can EPA take over property without judicial review?

6/28/2011

1 Comment

 
From Pacific Legal Foundation     (See editorial note below, re Ninth District*)

Washington, DC; June 28, 2011:  When the U.S. Environmental Protection Agency asserts control over private property, claiming it is “wetlands,” does the owner have the right to meaningful judicial review?  This is the question in Sackett v. U.S. Environmental Protection Agency, a property-rights case accepted today by the United States Supreme Court.

“The decision to take the case and review an anti-property rights ruling by the Ninth Circuit should be encouraging for all property owners, all across the country,” said Damien Schiff, senior staff attorney with Pacific Legal Foundation...."

The Sacketts were blindsided several years ago when EPA suddenly told them that it considers their small parcel in a residentially zoned neighborhood at Priest Lake to be “wetlands,” and that the federal government — not the Sacketts — controls the property.   The Sacketts sought court review of EPA’s determination.  But the Ninth Circuit Court of Appeals held that they must first apply for a wetlands development permit — a long and probably fruitless process, the cost of which ($200,000 or more) would exceed the value of their property!

“With this case, the Supreme Court confronts important issues for property rights and due process...”  
more... 

*Editorial note:   Whatcom County is within the same overall jurisdiction as the original Idaho case that was rejected by the Ninth District Court of Appeals.   Another major case testing the proper limits of federal environmental regulation was heard by the Supreme Court in April - you can read about that here.
1 Comment
Karl Uppiano link
6/29/2011 04:48:50 am

Government gets it just authority from the consent of the governed. Unelected bureaucrats in the EPA can make rules and regulations having the force of law.

The original grievances were resolved by winning the Revolutionary War and ratifying the US Constitution. Our current government has leaped the bounds of its constitutionally enumerated powers and is now ferociously attacking the Bill of Rights.

Federal, state and local government is now larger, more complex, more oppressive, more expensive, more corrupt than anything that King George could possibly have imagined. It sounds like it is time for a Declaration of Independence, Version 2.0.

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