Historic Supreme Court ruling allows the Sacketts to fight EPA takeover of their land
WASHINGTON D.C.; March 21, 2012: In a precedent-setting victory for the rights of all property owners, the United States Supreme Court today held that landowners have a right to direct, meaningful judicial review if the U.S. Environmental Protection Agency effectively seizes control of their property by declaring it to be “wetlands.”
The Court ruled in favor of Mike and Chantell Sackett, of Priest Lake, Idaho, who were told by EPA — and by the Ninth Circuit — that they could not get direct court review of EPA’s claim that their two-thirds of an acre parcel is “wetlands” and that they must obey a detailed and intrusive EPA “compliance” order, or be hit with fines of up to $75,000 per day.
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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.Read more
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