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The Environmental Protection Agency cannot issue a “drive-by” decision that a parcel of land is a protected wetlands and prohibit the owner from using it, and then refuse to hear any challenges to such decisions.
So says the U.S. Supreme Court.
The decision today came in the case involving the Sackett family of Priest Lake, Idaho. Mike and Chantell Sackett bought a piece of land in a residential subdivision that was about two-thirds of an acre, purchased the appropriate building permits and started work on their dream home.
Then the EPA arrived, ordered them to restore the land to its pristine condition, protect it for years and then go through a ruinously expensive application process to request permission to use their own land.
Further, the EPA, in collusion with the 9th U.S. Circuit Court of Appeals, told the couple they could not even challenge the decision unless they went through that expensive process.
The high court today said the EPA must provide a process through which a challenge to its decision can be addressed in a meaningful way, a decision that the law firm working on behalf of the Sacketts called a “precedent-setting victory for the rights of all property owners.”
The EPA previously had threatened the couple with fines of up to $75,000 per day for failing to follow the agency’s intrusive “compliance” plan through which federal officials not only effectively seized control of the land, but also the couple, by demanding their paperwork records and other detailed information.
“In the case of urgent pollution threats, EPA will still have the power, as it does now, to seek an immediate court injunction. But when there is no emergency, EPA can’t start ordering property owners around – and threatening them with tens of millions of dollars in fines, as with the Sacketts – without first doing some genuine due diligence. EPA will have to be prepared to show a reviewing court that its wetlands regulations are really necessary – not just a power trip.”
Originally posted by jibeho
reply to post by Eurisko2012
HHS should be next. Just look at the sweeping power that lies in the hands of Sebelius. Congressmen don't even know what she is doing or how much power she has. If Obamacare goes into full swing in 2014 she will have more authority over our daily lives than than the POTUS. Barely
Originally posted by jibeho
reply to post by Eurisko2012
Funny thing regarding the authority of Sebelius. Last Friday HHS just announced that Sterilizations would be covered for free under Obamacare.
Hoyer today said he knew nothing about it after being asked by a reporter from CNS news. Pretty amusing.
Hoyer: ‘Free Sterilization? I Don’t Know Anything About Free Sterilization’
cnsnews.com...
Originally posted by Eurisko2012
The EPA should be abolished. They have turned into a bunch of thugs attacking
But unlike some outspoken Republican politicians, the Sacketts are adamant that their problem with EPA is more to do with the way officials have conducted themselves than any ideological animus they have against the concept of environmental regulation.
"I don't want EPA to go away," Mike said.
He gestured toward the lake he and his wife are so desperate to live closer to.
"We all want clean water," he said. "I can walk out and see the bottom of Priest Lake."
Originally posted by Eurisko2012
Originally posted by jibeho
reply to post by Eurisko2012
Funny thing regarding the authority of Sebelius. Last Friday HHS just announced that Sterilizations would be covered for free under Obamacare.
Hoyer today said he knew nothing about it after being asked by a reporter from CNS news. Pretty amusing.
Hoyer: ‘Free Sterilization? I Don’t Know Anything About Free Sterilization’
cnsnews.com...
ObamaCare = Free Everything
The problem with socialism is that eventually you run out of other peoples money.
BTW, recent polling data shows that Sandra Fluke has turned into a liability and
not an asset.
Originally posted by Snoopy1978
Originally posted by Eurisko2012
Originally posted by jibeho
reply to post by Eurisko2012
Funny thing regarding the authority of Sebelius. Last Friday HHS just announced that Sterilizations would be covered for free under Obamacare.
Hoyer today said he knew nothing about it after being asked by a reporter from CNS news. Pretty amusing.
Hoyer: ‘Free Sterilization? I Don’t Know Anything About Free Sterilization’
cnsnews.com...
ObamaCare = Free Everything
The problem with socialism is that eventually you run out of other peoples money.
BTW, recent polling data shows that Sandra Fluke has turned into a liability and
not an asset.
Obamacare...socialism...
Do you have any clue of what you're talking about here?
Google socialism before repeating the disinformation you receive from the corporate media.
Obama is as fascist as they come. He is pro corporate to the hilt. Goldman-Sachs to the bone.
Obamacare is all about not only conserving, but MANDATING for-profit health insurance.
Obama is a fascist- end of story.
Dont follow the talking heads or his meaningless speeches. Follow his actions and see how he has advanced the hard-right's agenda way beyond Cheney's dreams.
One corporate party, one media structure, all designed to fool headline-only readers such as you.
Notice the structure of this post? Designed just for you.
the Environmental Protection Agency's move in 2007 blocking them from building on their property near Priest Lake.
Nothing has happened since the EPA shut down the project in 2007.
Originally posted by Eurisko2012
We got along just fine in 1961. The EPA did not exist.
Originally posted by Eurisko2012
reply to post by jibeho
Good news!
I think everyone saw this coming.
The EPA should be abolished. They have turned into a bunch of thugs attacking
American citizens with - outrageous - fines and tactics.