In a move which provides hope to landowners from sea to shining sea, the US Supreme Court has ruled that the EPA cannot prevent people from filing suit to stop it (the EPA) from running roughshod over them:
The Supreme Court on Wednesday unanimously ruled for an Idaho couple who have been in a four-year battle with the Environmental Protection Agencyover the government’s claim that the land on which they plan to build a home contains sensitive wetlands.
The decision allows Mike and Chantell Sackett to go to court to challenge the agency’s order.
“There is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into ‘voluntary compliance’ without the opportunity for review–even judicial review of the question whether the regulated party is within the EPA’s jurisdiction,” wrote Justice Antonin Scalia.
I’m thinking that Tell, Orrin and Jubal would be pretty proud of these modern-day Sacketts.
Let’s celebrate a step in the right direction.