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Wednesday, March 21, 2012

Court sides with property owners over EPA

The EPA is notorious for stomping on property rights but the worst of EPA oppression occurs by the agency invoking its alleged powers to stop property owner victims from seeking judicial recourse in the courts. Well, the judicial recourse situation has been resolved by the Supreme Court. SCOTUS did not in any way invalidate the EPA's edicts, it merely ruled that the EPA can't stop folks from seeking judicial recourse to its nefarious edicts. This case has been buried in the court system since 2007 when a couple purchased .6 of an acres for $23,000 to build a home.
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....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...The EPA issues nearly 3,000 administrative compliance orders a year that call on alleged violators of environmental laws to stop what they're doing...Justice Ruth Bader Ginsburg said in a separate opinion that the only issue decided by the court Wednesday is the Sacketts' ability to contest the EPA finding that their property is subject to the Clean Water Act. The court did not decide largers issues, Ginsburg said. "On that understanding, I join the court's opinion," she said.
Read the rest here
The Examiner 

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