Articles
Why do some cases go before the Supreme Court twice?
After a 15-year legal battle with the federal government, the Sackett family will finally get their day at the Supreme Court … again. The Supreme Court is often viewed as the “end of the road” for a case. The reality, however, is much more complicated, as Sackett v. EPA shows. The Sacketts have been in … ...
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The Hill : The Supreme Court should rebuke the EPA’s unconstitutional lawmaking
In a recent article, former Environmental Protection Agency Assistant Administrator Susan Parker Bodine recalls rebuffing a proposed rule that would have required local communities to obtain a costly Clean Water Act permit to transfer their sewage to larger, consolidated municipal treatment systems for treatment and discharge. When Bodine confronte ...
Articles
With West Virginia v. EPA, the Supreme Court is holding Congress accountable
After the Supreme Court announced its 6-3 ruling in West Virginia v. EPA, many accused the Court of “destroying environmental protections” (Vox) and “leaving Biden with few tools to combat climate change (The New York Times). But as several PLF attorneys told the media this week, the West Virginia decision actually restores the ...
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Sackett v. EPA : Regulatory Agencies Gone Rogue
From time to time,” Ronald Reagan said in his first inaugural address, on January 20, 1981, “we’ve been tempted to believe that society has become too complex to be managed by self-rule” and that “government by an elite group is superior to government for, by, and of the people.” That is precisely the justific ...
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Sackett v. EPA : A timeline
Mike and Chantell Sackett have been fighting the EPA in court for 15 years. Here’s a timeline of their case: 2004: Mike and Chantell Sackett purchase a vacant lot in a residential subdivision near Priest Lake, Idaho. At its north end, the lot is bounded by paved Kalispell Bay Road, on the other side of … ...
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Frequently asked questions about Sackett v. EPA
Mike and Chantell Sackett bought a parcel of land in 2004 near Priest Lake, Idaho, with dreams of building their family home on the site. Construction began in 2007—but stopped almost immediately when the Environmental Protection Agency (EPA) stepped in and issued a compliance order, claiming their land is a federally protected wetland and accusi ...
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States, congressmen, farmers, and builders file amicus briefs in support of the Sacketts
On Monday, October 3, Pacific Legal Foundation senior attorney Damien Schiff will argue Sackett v. EPA at the Supreme Court. At issue is the scope of the Environmental Protection Agency’s authority to regulate wetlands under the Clean Water Act. More than 350 organizations, states, and members of Congress have filed amicus briefs in support o ...
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The EPA sees itself as a ‘clean water’ savior. But its mistakes are destroying lives.
Pride: an intense and selfish desire for something, especially wealth, power We all have a slightly distorted idea about who we are and how other people see us. We tell stories about ourselves, rewriting history in our heads to fit narrative myths in which we’re the main character—the hero. This is the origin story the Environmenta ...