Supreme Court Rules Homeowners Can Sue EPA
President Obama’s imperial administration through Executive Branch agencies like the EPA got a big setback today, courtesy of the Supreme Court (emphasis in original).
The Supreme Court has sided with an Idaho couple in a property rights case, ruling they can go to court to challenge an Environmental Protection Agency order that blocked construction of their new home and threatened fines of more than $30,000 a day.
Wednesday’s decision is a victory for Mike and Chantell Sackett, whose property near a scenic lake has sat undisturbed since the EPA ordered a halt in work in 2007. The agency said part of the property was a wetlands that could not disturbed without a permit.
In an opinion by Justice Antonin Scalia, the court rejected EPA’s argument that allowing property owners quick access to courts to contest orders like the one issued to the Sacketts would compromise the agency’s ability to deal with water pollution.
Sorry, EPA, you’re still subject to the courts, and citizens can still argue against your imperial demands in those courts.
In 2005, the Sacketts paid $23,000 for a .63-acre lot near scenic Priest Lake. They decided to start building a modest, three-bedroom home early in 2007.
They had filled part of the property with rocks and soil, in preparation for construction, when federal officials showed up and ordered a halt in the work.
In a statement, the Sacketts praised the court for “affirming that we have rights, and that the EPA is not a law unto itself.”
No, it’s not, as much as Obama The First would like it to be.