January 6, 2012

Fox News coverage of PLF cases against the EPA

By Fox News coverage of PLF cases against the EPA

As you may imagine, we are very excited here at Pacific Legal Foundation for Monday morning’s Supreme Court argument in Sackett v. EPA.  Broad news coverage of the argument is likely to continue, but we already have a few highlights for you to look out for.

On Monday morning, before the argument, PLF clients Mike & Chantell Sackett will be appearing on Fox & Friends at roughly 8:20 Eastern time.  The Sacketts are already back in DC with their attorney, Damien Schiff, as he prepares for his first Supreme Court oral argument.

Later that evening, after the argument and a panel discussion at Georgetown University Law Center, Mr. Schiff and the Sacketts will be heading over to the Fox Studios again to be interviewed on Lou Dobbs Tonight.

In the meantime, however, Fox News has aired a story on another one of our cases against the EPA, this time challenging the process by which the EPA passed new regulations governing Heavy Duty Vehicles.  Unlike Sackett, this case is at the beginning stages, but we’ll be sure to keep you updated on this blog and on our website.  The Fox video features PLF attorney Ted Hadzi-Antich and one of our trucking clients, Robert McClernon.

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Sackett v. Environmental Protection Agency

Chantell and Michael Sackett received a local permit to build a modest three-bedroom home on a half-acre lot in an existing, partially built-out residential subdivision in Priest Lake, Idaho. The home poses no threat to water quality but federal EPA regulators nonetheless declared their property to contain a wetland and demanded they stop all work and restore the lot to its natural condition or pay fines of up to $75,000 per day. When they sued to challenge this order, EPA asserted they had no right to judicial review. The district court and Ninth Circuit Court of Appeals agreed, and tossed their lawsuit out of court. The United States Supreme Court unanimously reversed, ruling that failure to allow the lawsuit violated the Sacketts’ constitutional due process rights. They are now litigating their claims in federal district court in Idaho.

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