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Supreme Court unanimously rules against the EPA, in favor of landowners

RJ~PWCM~JLA 2012/03/22 12:41:40
From Reuters:

~~~~~~~~~~~~~~~~~~~~~
The Supreme Court ruled on Wednesday that landowners can sue to challenge a federal government compliance order under the clean water law ...
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.
...
The unanimous decision said the Clean Water Act was not "uniquely designed to enable the strong-arming of regulated parties into 'voluntary compliance' without the opportunity for judicial review."
...
Government attorneys had defended the compliance orders as a quick way to stop environmental damage and argued that allowing accused polluters to get a court hearing would tie the EPA up in lengthy litigation.
~~~~~~~~~~~~~~~~~~~~~

Here's the Reuters story:
http://www.reuters.com/article/2012/03/21/us-usa-court-epa-id...

Note that Reuters predictably, but stupidly, tries to spin this as a victory for "corporate groups", although this case involves two private citizens building a home. Reuters also drags in Republican criticism of the EPA, also irrelevant to a Supreme Court case.

Also note the tyrannical, above-the-law attitude of the EPA. Their lawyers argued that the EPA should be free to unilaterally issue its edicts without fear of judicial review.

Read More: http://www.reuters.com/article/2012/03/21/us-usa-c...

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  • WhereIsAmerica? ~PWCM~JLA 2012/03/26 23:55:51
    WhereIsAmerica? ~PWCM~JLA
    +1
    Thank God, I hope this is just the beginning.

    I would like to see the EPA go away, they are too corrupt to fix!
  • rightside 2012/03/26 10:57:02
    rightside
    +2
    These people aren't far from me. They have been attacked by this stupid tax payer funded crock of bull epa for quite some time. It was private property! If for any reason they thought it was to remain unspoiled, they should have been able to show cause.
  • STU~PWCM~JLA~POTL~AFCL 2012/03/26 10:53:22
    STU~PWCM~JLA~POTL~AFCL
    +2
    I've been following this story for a long time. The relief offered the Sackett's was only partial, but it was a step in the right direction.
  • Steve Boston 2012/03/24 22:50:53
    Steve Boston
    +2
    Abolish the EPA and reclaim our country's economic future.We didn't elect them. Nice to see their ass slapped around. It needs permanent shutdown.
  • WhereIs... Steve B... 2012/03/26 23:56:45
    WhereIsAmerica? ~PWCM~JLA
    +2
    *applauds*
  • Centurion~PWCM~JLA 2012/03/24 03:28:34
    Centurion~PWCM~JLA
    +3
    Where I live the EPA are a pain in the arse at 4,000 feet elavation. I'd like to see them shut down entirely.

    Feed the tree huggers to the canyons,

    deep canyons.

    deep canyons
  • Dan (Politicaly Incorrect) 2012/03/23 20:20:39
    Dan (Politicaly Incorrect)
    +2
    Just for a hearing, they still have a fight ahead of them.
  • RJ~PWCM... Dan (Po... 2012/03/24 02:26:22
    RJ~PWCM~JLA
    +1
    It's still a slapdown for the EPA, which believed it was above the law and did not to deign to attend hearings.
  • Dan (Po... RJ~PWCM... 2012/03/24 09:22:04
    Dan (Politicaly Incorrect)
    +2
    Yes I agree that is a good thing. I despise these burocracies. They are nothing but un- elected officials making law. They are very Un-Constitutional. They should be abolished and thrown into the wind.
  • ruthannhausman 2012/03/23 10:30:32
    ruthannhausman
    +2
    Wow, what a breath of fresh air. I saw/heard this story on the news and was appalled at what those people went through. But I was very apprehensive about whether or not they could ever get justice. Imagine my pleasant surprise! This gives me a ray of hope for our country after all. Thank God.
  • Randice 2012/03/23 03:11:33
    Randice
    +2
    This case was outrageous. I watched the hearing when they testified before congress. Good for them for going through with it, they helped ALL Americans; and thank God our SC used common sense and the rule of law. The government agencies need to be reigned in, and hard.
  • Louisa - Enemy of the State 2012/03/23 00:39:09
    Louisa - Enemy of the State
    +3
    Hoping that this means they can make decisions based on the Constitution with the American people in mind. All of the American people!
  • RJ~PWCM... Louisa ... 2012/03/23 02:29:06
    RJ~PWCM~JLA
    +3
    I'm not getting my hopes too high, lol!, but the fact that it was unanimous is a good sign!
  • jr 2012/03/22 22:59:03
    jr
    +3
    Unanimous decision reveals just how far outside the constitution the liberal idiots have gotten. Big government will bring nothing but misery to we the people if we do not get them under control
  • Radlad 2012/03/22 22:53:08
    Radlad
    +4
    Unanimously !?! Even the two unqualified barry appointments? May be the is hope......
  • UGH...L... Radlad 2012/03/22 23:23:13
    UGH...LIBS ~ PWCM ~ JLA ~
    +1
    It may merely be a sop thrown out in an election year, just to show how "fair-minded" the liberals on the Court are. The case was probably lost anyway, so it was a good opportunity.
  • Sgt Major B 2012/03/22 22:43:43
    Sgt Major B
    +5
    The EPA has devolved into nothing but a horde of short-sighted, tree-huggin', dirt-munchin', druids ensconced as bureaucratic idealogues worshipping at the altar of a misdirected, hare-brained philosophy of "Save the Planet - Eliminate Humans". Every flippin' one of 'em deserves to be tarred and feathered and ridden out of town on a rail
    with a spotted owl hung round their neck!

    Time to kick the Eco-fascists to the curb!
  • Randice Sgt Maj... 2012/03/23 03:12:53
    Randice
    +1
    What do you really think? ;-)
  • Centuri... Randice 2012/03/24 03:26:02
    Centurion~PWCM~JLA
    +3
    I think that Sergeant Major was quite eloquent.
  • Randice Centuri... 2012/03/24 03:39:07
    Randice
    +2
    no arguments.
  • Steve B... Sgt Maj... 2012/03/24 22:53:32
    Steve Boston
    +2
    Very well said. I might only change the last three words. off a cliff.
  • Radlad 2012/03/22 22:17:05
    Radlad
    +2
    I think this proves that dubya was no conservative, This incident in Idaho was in 2007. So the epa has been going crazy and arogant before obummer came to town. Just really went over the top after barry became prez.........
  • 4dc 2012/03/22 21:55:21
    4dc
    +6
    it's about damn time...a well deserved black eye to the nazis at the EPA
  • Radlad 4dc 2012/03/27 01:26:36
    Radlad
    +2
    I agree completely.........
  • CHUCK 2012/03/22 20:18:26
    CHUCK
    +7
    ELIMINATE THE EPA SAVE THE TAX DOLLARS..

    MARINES, MARINES
  • ScoutLdr 2012/03/22 20:11:17
    ScoutLdr
    +3
    Another smack down to executive branch by the SCOTUS! The second one this term, lets hope the Patient Protection and Affordable Care Act (Obamacare) is next!
  • Viet Era medic 2012/03/22 18:13:05
    Viet Era medic
    +5
    well that's a first isn't it? wow. about frickin' time.
    EPA is out of control. Don't like em, don't trust em. I'm sure they have their good purposes and fights but they also have too much overreach.
  • Fred 2012/03/22 17:45:26
    Fred
    +5
    YEEEHAAA
  • Chef Bunyan 2012/03/22 17:10:21
    Chef Bunyan
    +5
    HALLELUJAH!!!!! It's about freakin' time the justices of the Supreme Court actually did their jobs!
  • Kiosk Kid 2012/03/22 17:06:29
    Kiosk Kid
    +6
    The EPA is out of control. The area floods and these progressive call it wetlands.
  • 4570GOVT 2012/03/22 17:04:18
    4570GOVT
    +7
    Obama ( The Destroyer Of Rights ) has been " USING " the E.P.A. for the last couple of years as his own private INTIMIDATION CREW , who " operate outside the Law and Only Report To Him " . Between the E.P.A. , The Endangered Species Act , Dept. Of Energy , Bureau Of Land Management , I.R.S. and a Corrupt D.O.J. Under Eric Holder ................ Obama Can Confiscate - Tax - Protect some insect , Intimidate and MORE !
  • none 2012/03/22 17:00:37
    none
    +5
    Good to hear, the EPA is out of control and an entity to itself that feels they can do whatever they want, about time they got the short end of the stick for a change. They've been a thorn in the side of economic recovery and their powers need to be reduced.
  • Ukie 2012/03/22 16:56:42
    Ukie
    +5
    HOORAY....One for the people!! Let's hope there is more come-uppance on the way! Tyranny by any name hooray people hope come-uppance Obama regime tyranny
  • les_gvt 2012/03/22 16:56:23
    les_gvt
    +5
    We are talking about the Obama administration,they don't give a hoot about courts or Congress. They will do as they please and you WILL like it
  • Mel the Witch POTL PWCM~JLA 2012/03/22 16:45:10
    Mel the Witch POTL PWCM~JLA
    +6
    Good for them, Now if they'll stand up for the constitution we'll be on our way...
  • Chef Bu... Mel the... 2012/03/22 17:07:32
    Chef Bunyan
    +4
    The jury's still out on that one!
  • Mel the... Chef Bu... 2012/03/22 17:09:35
    Mel the Witch POTL PWCM~JLA
    +2
    Unfortunately
  • Seonag 2012/03/22 16:43:17
    Seonag
    +5
    Good call for the Supreme Court. It was so evident that the EPA was overstepping their authority. Unfortunately, if Obama is re-elected, expect to see a lot more of this!
  • V~POTL~PWCM~JLA 2012/03/22 16:34:13
    V~POTL~PWCM~JLA
    +6
    Since 2009, EPA has been a back door path for pushing parts of the Obama agenda that would never get past the legislative branch. Limiting EPA overreach is long overdue.

    Good analysis of the Reuters story. If they want to be part of the Obama spin machine, they can expect to be ridiculed.
  • RJ~PWCM... V~POTL~... 2012/03/22 16:41:13
    RJ~PWCM~JLA
    +2
    thanks!

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