Wednesday, March 21, 2012

Supreme Court Unanimously Rules Landowners Can Sue to Challenge a Federal Government Compliance Order Under The Clean Water Law

You have seen this couple's story here a few time with regard to serious EPA overreach and the Unconstitutional prohibition again legal avenues to contest rulings. There is no question this ruling was the right one.

"The Supreme Court ruled on Wednesday that landowners can sue to challenge a federal government compliance order under the clean water law, a decision that sides with corporate groups and puts new limits on a key Environmental Protection Agency power.

The justices unanimously rejected the government's position that individuals or companies must first fail to comply with an EPA order and face potentially costly enforcement action before a court can review the case.

The opinion by Justice Antonin Scalia was a victory for an Idaho couple who challenged a 2007 EPA order that required them to restore a wetland they had filled with dirt and rock as they began to build a new vacation home near Priest Lake. They were also told to stop construction on the home.

The couple, Chantell and Michael Sackett, denied their property had ever contained a wetland and complained they were being forced to comply with an order without a court hearing.

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