The position taken in this case by
the Federal Government—a position that the Court now squarely
rejects—would have put the property rights of ordinary Americans
entirely at the mercy of Environmental Protection Agency(EPA) employees.
The reach of the Clean Water Act is
notoriously unclear. Any piece of land that is wet at least part of the
year is in danger of being classified by EPA employees as wetlands
covered by the Act, and according to the Federal Government, if
property owners begin to construct a home on a lot that the agency
thinks possesses the requisite wetness, the property owners are at the
agency’s mercy. The EPA may issue a compliance order demanding that the
owners cease construction, engage in expensive remedial measures, and
abandon any use of the property. If the owners do not do the EPA’s
bidding, they may be fined up to $75,000 per day ($37,500 for violating
the Act and another $37,500 for violating the compliance order). And if
the owners want their day in court to show that their lot does not
include covered wetlands, well, as a practical matter, that is just too
bad. Until the EPA sues them, they are blocked from access to the
courts, and the EPA may wait as long as it wants before deciding to
sue. By that time, the potential fines may easily have reached the
millions. In a nation that values due process, not to mention private
property, such treatment is unthinkable. Justice
Alito's concurring opinion
It's about time a Fed agency got bit by the poisonous fruit of "...as the Secretary shall determine." The #$%^*& Progs just love to hide behind that phrase in order to anonymously seize another inch of control over our lives while pretending to do good.
ReplyDeleteNow, who will reimburse the plaintiff for the loss of his lot for years and his huge legal costs?
What remedy does that poor family have to avoid a Pyrric victory?
Lt. Col. Gen. Tailgunner dick
The crying shame is that they'll face more legal fees and lose time to enjoy what they purchased.
ReplyDeleteThe government has tremendous resources to drag a case out until the plaintiff quits, or starves.
"...He has sent forth his agents to harass our people and eat out their substance..." - Declaration of Independence.
ReplyDeleteI sure hope the Feds don't get wind about my back yard. About the only thing missing out there is an alligator. But that is the price of living in the Pacific Northwest.
ReplyDeleteScottiebill
It's so because a bureaucrat says it's so.
ReplyDeleteSo what's the problem?
This spanking was nice to see.
It points up the need for juror nullification.
This is why I have supported the Pacific Legal Foundation since 1983. I recommend that everyone do so.
ReplyDelete"In a nation that values due process, not to mention private property"
ReplyDeleteWhat nation would that be?