One Couple’s Fight With the EPA & What it Could Mean for Property Rights
- Posted on March 8, 2012 at 12:38pm by
Becket Adams
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Back in January, The Blaze reported the following:
Several conservative members of the Supreme Court criticized the Environmental Protection Agency (EPA) on Monday for heavy-handed enforcement of rules affecting homeowners after the government told an Idaho couple they couldn’t challenge an order declaring their future home site a “protected wetlands.”
The EPA said that Mike and Chantell Sackett illegally filled in most of their 0.63-acre lot with dirt and rocks in preparation for building a home. The agency said the property is a wetland that cannot be disturbed without a permit. The Sacketts had none.
Naturally, the Sacketts decided to challenge the EPA and their fight has brought them all the way to the Supreme Court. Should they be successful in their crusade against the federal agency, they would set a groundbreaking precedent.
“The decision in the Supreme Court case Sackett v. EPA, due later this spring, could very well affect the meaning of property rights and due process in the United States,” reason.tv reports.
But let’s revisit how the Sacketts got caught up in this mess in the first place.
See Reason‘s presentation on the Sackett’s story (via reason.tv):
“I remember coming home, told my mom and dad that I was going to move to Priest Lake, and they just said, ‘Oh, no you’re not.’ And I said, ‘Oh yeah. Yeah I am,’” Sackett told Reason.
Sackett and his wife, Chantelle Sackett, bought a plot of land near Priest Lake and started to build their home.
“After securing the necessary permits from local authorities, the Sacketts were only three days into the process of clearing the land when officials from the EPA showed up and put their dreams on hold,” Reason notes.
Three EPA officials showed up, said they believed the land was wetlands, asked for the appropriate permits, and told the workers to stop. Six months later, the EPA sent the order that triggered the court case.
“The EPA informed the Sacketts that they suspected they were building on wetlands and had to cease work immediately,” Reason reports, “The Sacketts were stunned because their property was a completely landlocked lot within an existing subdivision. When Chantelle Sackett asked for evidence, the EPA pointed her to the National Fish and Wildlife Wetlands Inventory, which showed them that their lot… was not on an existing wetland.”
Wait. What?
Yep, according to the Wetlands Inventory, the Sackett’s property wasn’t on existing wetlands. So how did the EPA respond to this?
“The EPA responded [by issuing] what’s known as a compliance order, which said that the Sacketts were in violation of the Clean Water Act and subject to fines of up to $37,500 a day,” Reason reports.
“You go to bed with that on your mind every night,” said Mike Sackett, who owns a contracting company. “It’s been painful personally. It’s been painful on our business.”
The Sacketts tried to settle the dispute in court but lost based on the EPA’s claim that a “compliance order is nothing more than a warning and that they cannot be challenged until they actually enforce the fines,” which, by the way, were getting bigger with each day.
“The only way the Sacketts could get judicial review that way, was by ignoring the compliance order,” said Damien Schiff, attorney for the Pacific Legal Foundation. “EPA still might just sit on its hands and let the possible fines pile up.”
Despite losing to the EPA in lower courts, Schiff and the Pacific Legal Foundation took the case to the Supreme Court, The Blaze reported back in January. Some readers might remember that Justices Scalia, Roberts, and Alito accused the EPA of acting with an “outrageous” “high-handedness,” and blasted the entire ordeal by saying “this kind of thing can’t happen in the United States.”
“I was surprised by some of the questions that came from the justices,” said Mike Sackett. “They were questions that we would’ve asked.”
Should the Sacketts win, what would this mean?
“If the Sacketts do win in the Supreme Court, they will then have the opportunity to actually challenge the EPA’s compliance order in the lower courts,” Reason explains. “Just having the opportunity to challenge that, says Schiff, would be a major victory for property rights and for due process of law.”
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Comments (129)
txjb
Posted on March 8, 2012 at 1:50pmIt’s Michael Corleone time. Case closed.
Report Post »Marci
Posted on March 8, 2012 at 2:21pmA prime example of why the EPA should be abolished. Their only purpose is to subvert and violate the constitution on behalf of progressive hacks. As it stands, Obama has handed them even more power, and for the purpose of achieving Agenda 21. If we let it continue, we’ll be singing we all live in a yellow submarine! (or we all live in a tightly packed building 5 minutes from our workplace)
Report Post »Freedomluver
Posted on March 8, 2012 at 2:41pmMy how we have fallen….
“So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.”
William Blackstone
“Government is instituted to protect property. . . . This being the end of government, that alone is a just government which impartially secures to every man whatever is his own. . . . That is not a just government, nor is property secure under it, where arbitrary restrictions, exemptions, and monopolies deny to part of its citizens that free use of their [own] faculties”
James Madison
Charles Montesquieu, whose writings were recommended by major Framers such as James Madison, John Adams, and Alexander Hamilton, declared: “Let us therefore lay down a certain maxim: that whenever the public good happens to be the matter in question, it is not for the advantage of the public to deprive an individual of his property – or even to retrench the least part of it by a law or a political regulation”
Report Post »P C BE DAMNED
Posted on March 8, 2012 at 2:46pmThese government people are going to over step the wrong persons freedom and pay for it with their lives. Which is coming very soon. It needs to happen in what they call the “bubba” effect where the federal agents try to arrest some God fearing citizen and another says I don‘t think you’re going to arrest anyone today. We down trodden Americans who only want to be left alone are going to eventually bite these sons of bitc.. I personally can’t wait. There needs to be a lot of deceased officials who bring these chains.
Report Post »ConstLaw
Posted on March 8, 2012 at 4:34pmI hope the Supreme Court bring back the concept of “justice” to the judical system. If they don’t, then there is no hope for the U.S.
Report Post »phunkejay
Posted on March 8, 2012 at 8:14pmThe revolution will not be televised!!!
Report Post »000degrees
Posted on March 8, 2012 at 9:12pmWhat about the other “Justices”….they see it differently? That is complete b s. If a “liberal” SCJ cannot understand our U.S. Constitution just because they are liberal then they are NOT qualified.
Report Post »Taquoshi
Posted on March 8, 2012 at 9:42pmUh, how can a subdivision lot be a wet land and not noted on any map? When the land was subdivided, it should have been surveyed and any wetlands noted.
Report Post »shirleyandpearl
Posted on March 8, 2012 at 10:24pmIt’s about control…with agenda driven, Holder, appointed as head department of injustice and O’s politically influenced supreme court appointees, Sotomeyer and Kagen…. THIS the MAIN REASON we need to get rid of Obama! The democrats will stop at nothing in order to win. We must unite behind whoever wins the republican nomination and watch for the inevitable DNC fraud.
Report Post »Phattdad144
Posted on March 9, 2012 at 8:02amAnd these are the kind of people that are going to run our health care? Fines for a building on wetlands that are not declared wetlands. So whats to stop the formation of death panels when they are not directly defined in the law?
Report Post »dtbox
Posted on March 9, 2012 at 9:50amI don‘t think they realize the kind of anger they’re fomenting with these tactics. There is nothing like an arbitrary misuse of justice to inspire real hate in Americans. At some point, this stuff will be met with violence. They’re simply leaving the people no choice.
Report Post »arx
Posted on March 10, 2012 at 12:16amAnd which cares if it us ‘wetland’? Just another word for worthless swamp. Its all about control. We are ALL just renting ‘our’ property from our govt masters due to taxes. Time to stop this BS…
Report Post »1TrueOne55
Posted on March 10, 2012 at 11:55am@DTBOX:
They are counting on the violence so that they can declare “Marshal Law” and suspend the Constitution! This is their “SOP” Bottom UP(Anarchy from Anarchists), Top DOWN(Legal Authority to quash so called threats to Society) to squeeze everybody into the middle.
Violence against this machine is what they want, Trust in God as the currency says and we will do fine. It might take a few years or a generation to clean up the mess but we will survive, the Country will survive it is the American Way. Evil may triumph for a short time but, “If my people who are called by MY NAME will humble themselves and PRAY, I will hear their voice and HEAL/redeem their land”. (Paraphrased)
“We the People” of the one true God will prevail.
Report Post »jrcess
Posted on March 8, 2012 at 1:44pmEPA are a bunch of thugs. I would invite the ****** out for a oneway trip. Bring along that bitch SEBELIUS while you are having the party.
Report Post »SpankDaMonkey
Posted on March 8, 2012 at 1:43pm.
Report Post »This kinda stuff just makes my head hurt……………
whodunit
Posted on March 8, 2012 at 1:53pmMy head hurts worse when I remember our money funds the EPA, and it is used to fight us.
Report Post »SpankDaMonkey
Posted on March 8, 2012 at 2:35pm.
Report Post »I didn’t need to know about the money Who. Go to your room……
1TrueOne55
Posted on March 10, 2012 at 12:06pmBeing part of a small city Planning Commission you should see the maps that the Feds draw up to justify their regulations and laws. They make your head hurt worse. In WA state we are going through a review of those regulations and how they apply to our city. I have a desire to keep the environment safe for all human consumption but if we go to far then humanity can not survive at this level of population and you have to do something to reduce the amount of humans on the planet. The UN Agenda 21 is all about reducing the human affect on the planet by limiting population growth into limited areas away from creeks, streams and waterways so that you have to trust a smaller water supply that is created by the Government and when the Government is against human growth then you have to go back to the movie Solyent Green to see the future of mankind’s existence.
Report Post »jf6363
Posted on March 8, 2012 at 1:43pmWhere are the townspeople? They should be there standing together telling them NOT HERE NOT IN OUR TOWN! Get the Hell out!!! Stand with these people now because when they (EPA)are done with them they will come for you next! We are the many they are the few!
Report Post »whodunit
Posted on March 8, 2012 at 1:56pmThe EPA does all this with our tax money. Is this like prostitution? Paying to get screwed.
Report Post »SychinLegacy
Posted on March 8, 2012 at 1:32pmDon’t worry about this guys! Focus on big bad Iran over there talking about bombs! Forget the fact that the government has been slowly stealing our rights for a hundred years and now we are left with nothing. Forget the fact that our biggest threat is OUR DEBT AND INTERNAL CORRUPTION. Focus sheep. Focus on Iran. That is where all your eyes should be looking sheep. Baaaaaa
Report Post »Captain Crunch
Posted on March 8, 2012 at 1:49pmSychinLegacy
All you want to do is stroke your ego by belittling other people (sheeple in your words). You don’t have a clue as to what is going on. You need to prove your credentials. Show us your Troll Diploma.
Report Post »kaydeebeau
Posted on March 8, 2012 at 2:03pmUnlike liberals or some aPaulogists, most conservatives and patriots can focus on more than one thing at a time and be equally involved and outraged at multiple things at once. Most of us can even walk and chew gum at the same time
Report Post »Freedomluver
Posted on March 8, 2012 at 2:46pm@kaydeebeau & Captain Crunch
So…you won’t be voting for a candidate who backs the so called Patriot Act and the NDAA then….correct?
Who does that leave you with?
Hhhhhmmmmm.
Report Post »SychinLegacy
Posted on March 8, 2012 at 5:47pmOh wow Cap’n, you must be a psychologist. Because you are demonstrating the concept of projection perfectly right now.
I’m not belittling anyone. Remember, the truth may hurt but it is never an insult. Open your eyes and take a look around. You‘ll see things aren’t what Beck makes them out to be. He has sold out too. Look up any of the candidates voting records concerning property rights. I can guarantee you only one of them will have a positive record. Look up any voting record concerning shrinking the size of government. I can guarantee you only one candidate will have a positive record regarding that too.
This isn’t about me or my “ego”. This isn’t about you or your ego. But you guys are being mislead. It’s PAINFULLY obvious. Just take a step back and look around you. Do your own research.
Report Post »Truthmonster
Posted on March 8, 2012 at 1:31pmThe EPA is Obama’s Gestapo. I wonder how many black people they have attacked. I wonder how many EPA suits involve Muslims. This is another bureauracy that needs to be ripped out by it’s roots. It‘s Obama’s new normal.
Report Post »TexasHunter
Posted on March 8, 2012 at 2:39pmWho is the only man that will do this? Why is it so hard for everyone to see this? Ron Paul 2012
Report Post »Lets get back to our Constitution of the USA !!!
happ77
Posted on March 8, 2012 at 1:26pmThis is the most important election in history, not just
Report Post »our lifetimes. The EPA is out of control, the DOJ is out of control
the Senate is out of control and three justices will be replaced in the
next presidental term. We need to stop the petty bickering about
the republican canidates. Vote for who you feel is best in the primries
but get behind whoever wins. Its freedom or serfdom, thats the choice.
Glenn says they’re 2 trains going in the same direction only ones
going slower. That may be true but the slower one we can still turn
the other one is already going over the cliff.
SychinLegacy
Posted on March 8, 2012 at 1:33pmThere‘s a third train that even Beck won’t mention. One going in the complete opposite direction and there’s still time to hop on. Beck and the rest of the media don’t want you to know about it though. Just take a guess as to which train that is.
Report Post »happ77
Posted on March 8, 2012 at 2:24pmDo you mean Ron Paul ??
Report Post »Freedomluver
Posted on March 8, 2012 at 2:51pmAnd…whatever you do….don’t vote for anyone who backs the unconstitutional so called Patriot Act, the NDAA and the DHS/TSA…correct?
Gee…who does that leave us with?
Hhhhhmmmm.
Report Post »Hickory
Posted on March 8, 2012 at 1:24pmThey should declare their property a holy site for the preservation of an ancient religion. Also, they should petition a nearby Native American tribe as members of that tribe. Native American Tribes hate the feds. Cut a deal with the tribe to allow them to hold worship services in their backyard. Then, declare the land as exempt from the EPA by not being a part of America. This is frivolous but, it would drive the EPA lawyers nuts if the nearby tribe takes them in. The government would probably have to provide legal support to the new tribe members. Just sayin’.
Report Post »SoupSandwich
Posted on March 8, 2012 at 3:12pmBlack, native American, female Jew would help a lot. And I am not even anti anything-just the way codes and regs are written.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 8, 2012 at 1:23pmI hope they win in the Supreme Court and in the lower courts over the EPA. Yet one thing I do see happening is the EPA under Obama will ignore the high courts and just proceed with their mandate to crush everything and take these peoples property away. These progressive radicals in the EPA will do anything to hold onto their crushing agenda for transformation of America, and this is only a portion of it.
Report Post »83plus
Posted on March 8, 2012 at 1:22pmMan the EPA is becoming occupational hazard, just like the dust regulation deal. Like Herman Cain said, “It’s out of control”. Precisely why we need a new and responsible EPA that will act when needed and not pull stupid stunts like this because they’re bored.
Who watches the watchers?
Report Post »Micmac
Posted on March 8, 2012 at 1:32pmWe need NO EPA. The EPA is part of the Agenda 21 implimentation plan.
NoBama 2012
Report Post »texanpatriot
Posted on March 8, 2012 at 1:18pmEver since Teddy Roosevelt the Constitution has been set on its ear. There are very little states rights left and the Federal government has usurped almost everything the framers wanted the states to decide.
Now, via the EPA and Homeland Security, the rights of our citizens is being taken over by the state. It was Franklin who said: “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”
2012 is truly a pivotal year for this country…
We need two conservative Presidents over 16 years with supporting Congresses to restore this country to the greatness we had the first 150 years.
Report Post »KevRo65
Posted on March 8, 2012 at 2:20pm“We need two conservative Presidents over 16 years with supporting Congresses to restore this country to the greatness we had the first 150 years.”
We need more than that! I‘m amazed that most of you actually think there’s an election in process. Really? Our votes will matter? wake up! It’s already decided. I‘ll be shocked if Obama doesn’t win… absolutely shocked. He’s already preparing for the next 4 years. He’s not thinking about not winning. Heck, he’s not even campaigning! Haven’t you noticed?
Report Post »blazingaway
Posted on March 8, 2012 at 1:17pmTRUE PATRIOTS … I’d be willing to be there was someone at the EPA who wanted their land and was abusing their power in an effort to get them to sell it. Then suddenly, it would be discovered that the land wasn’t a wetland after all. I put nothing past these “F”s at the EPA.
Report Post »YUP YUP
Posted on March 8, 2012 at 1:20pmStop sponsoring Bill Mahr. Cancel your HBO
Report Post »Divothead
Posted on March 8, 2012 at 1:15pm“If the Sacketts do win in the Supreme Court, they will then have the opportunity to actually challenge the EPA’s compliance order in the lower courts,”
–
At which point the EPA will through every court room trick in the book at these people and use untold amounts of the taxpayers’ money to deprive them of their dream.
Report Post »countryfirst
Posted on March 8, 2012 at 3:10pmAnd then society looks in complete surprise when a person snaps and turns to violence do to unreasonable pressure from big government.
Report Post »flipper1073
Posted on March 8, 2012 at 3:20pmGO Postal (just kidding)
Report Post »momrules
Posted on March 8, 2012 at 1:07pmI have asked the question of people more than once, Who is the most powerful woman in America?
I’ve gotten many answers but I always say they are wrong.
The most powerful woman in America is Lisa P. Jackson, an Obama appointee and the administrator of the EPA.
The EPA needs to be abolished. Not redefined, not fixed……..abolished.
Report Post »oldguy49
Posted on March 8, 2012 at 1:17pmalong with the fed and departmen of education
Report Post »Wyoming
Posted on March 8, 2012 at 1:19pmAMEN!!! No truer words every spoken!
Report Post »Itsjusttim
Posted on March 8, 2012 at 1:07pmIt’s Liberty and Laws that men around the world feared, but it doesn’t exist anymore. The Great Land Atlantis had been swallowed up by the seas. The United States kept the ground frozen, and as the United States goes down it will come down on all men as fire from Heaven like a great earthquake.
Report Post »Itsjusttim
Posted on March 8, 2012 at 1:16pmAnd all you whack-jobs are waiting for the Rocky Mountains or the Appalachian Mountains to part or you’re waiting for fire to come down from the sky like the bunch of lunatics you are.
Report Post »Itsjusttim
Posted on March 8, 2012 at 1:19pmYou’re all waiting for Jesus Christ to split the Rocky Mountains, because you are all completely nuts out of your minds, and I am the sane one.
Report Post »Itsjusttim
Posted on March 8, 2012 at 1:21pmAnd that’s why the Lord said: pay no attention to reports of earthquakes in divers places.
Report Post »antiencenom
Posted on March 8, 2012 at 2:24pmYou are total wright tim,I agree 100% Tim
Report Post »You seem to understand everything you y’all talk about, Tim
Now go on to bed buddy
You are scare-in me tim???
amerbur
Posted on March 8, 2012 at 1:06pmWho gives the EPA the right to exist in this country. Since this is the peoples country, we can get rid of the EPA. I want the land to be protected, but this organization is out of control.
Report Post »flipper1073
Posted on March 8, 2012 at 2:58pmActually AMERBUR you can Thank
Richard Nixon for the EPA started in
1970. Nixon was a Progressive Hack
who called himself a Republican
but was more of a crook than anything.
We have had some horrible Republican
Report Post »Presidents most of them have been
Moderate/ Progressive‘s but I won’t name Names
YUP YUP
Posted on March 8, 2012 at 1:01pmIf you pay for HBo then you are a Sponsor of Bill Mahr. Save some money and cancel HBO. Cancel Bill Mahr. He gave Obama $1 million of your $ to fight against what you stand for.
Report Post »Itsjusttim
Posted on March 8, 2012 at 12:59pmHere’s a thought, what is the fire that comes down from Heaven onto all Gogs and Magogs? The fire is: that the United States is over with.
Report Post »flipper1073
Posted on March 8, 2012 at 3:02pmNo disrespect intended TIM but why don’t you
Report Post »go buy yourself a Pulpit Somewhere ?
lukerw
Posted on March 8, 2012 at 12:58pmCommunists do not support Property Rights!
Report Post »Shasta
Posted on March 8, 2012 at 1:11pmDon‘t forget that the latest demands from OWS includes ’No private land ownership’.
Report Post »Drum Man
Posted on March 8, 2012 at 12:58pmEPA = Extreme Police Action. Balif! Whack their pee-pees.
Report Post »Wartface
Posted on March 8, 2012 at 2:13pmNow THAT was funny!
Report Post »maxedout
Posted on March 8, 2012 at 12:57pmI remember the story…..gotta feel for the Sacketts. EPA should be abolished….along with a host of other government agencies, including the LRB. Absolute power, corrupts absolutely. Ask Baraka.
Report Post »Baddoggy
Posted on March 8, 2012 at 12:53pmCongree does not have the balls to defund the EPA. Sad…They have killed more people than they ever would help.
Report Post »Dont believe so? Just look to the ban on DDT. Killed BILLIONS of people.
bandi9
Posted on March 8, 2012 at 1:03pmagreed
Report Post »GJPinks
Posted on March 8, 2012 at 1:13pmBut the did it for the children!!! The baby mosquitoes that is…
Report Post »TOMSERVO
Posted on March 8, 2012 at 2:30pmPlease elaborate how banning DDT has killed billions of people. Thanks
Report Post »antiencenom
Posted on March 8, 2012 at 2:31pmYou have some nerve ba ddoggy,talk in bout something you know nothing about,,,,,,,,,BALLS
Report Post »flipper1073
Posted on March 8, 2012 at 3:06pmMALARIA
Report Post »Tom
kills millions worldwide
wewantchillywilly
Posted on March 8, 2012 at 12:52pmi heard about this story months ago. it should be a top issue in the debate. this is a perfect example of the EPA destroying property rights.
Report Post »bandi9
Posted on March 8, 2012 at 1:02pmtotally agreed. EPA/Obama =same thing. this is like a banana republic.
Report Post »ChildofJesus
Posted on March 8, 2012 at 12:50pmApparently it can now. I used to be believe a lot of things couldn‘t happen here but I’ve changed my pov. Lord have mercy
Report Post »shammo
Posted on March 8, 2012 at 12:49pmAbolish the EPA immediately. The EPA makes the Gestapo look like a boy scout organization.
Report Post »bandi9
Posted on March 8, 2012 at 1:04pmGestapo is exactly what i think when i hear stuff like this—scary
Report Post »