June 12, 2012

Lou Dobbs talks to the Sacketts and PLF's Damien Schiff

By Lou Dobbs talks to the Sacketts and PLF's Damien Schiff

PLF Principal Attorney Damien Schiff with clients Mike and Chantell SackettToday, the Lou Dobbs Tonight show on Fox Business Channel is scheduled to interview PLF Senior Staff Attorney Damien Schiff and PLF clients Mike and Chantell Sackett, of Priest Lake, Idaho.

Lou Dobbs Tonight airs on the Fox Business Channel at 7:00 p.m. EST, 4:00 p.m. PST.

Is EPA trying to ignore the Supreme Court’s Sackett ruling?
The focus of the interview: Indications that the U.S. Environmental Protection Agency is attempting to minimize the impact of the landmark ruling for property owners’ rights that PLF and the Sacketts won at the U.S. Supreme Court, in Sackett v. U.S. Environmental Protection Agency.

Representing the Sacketts without charge, PLF attorneys scored a precedent-setting victory in the Sackett case.  The justices unanimously ruled that Mike and Chantell – and all property owners – have the right to direct judicial appeal when EPA effectively takes over private property by declaring it “wetlands.”

This historic ruling affirmed that EPA is not above law – it can’t be its own prosecutor, judge and jury when it attempts to impose its will on private property and property owners.  But the question now is: Did EPA get the message?  Or are the bureaucrats trying to continue with “business as usual”?

For more information on Sackett v. Environmental Protection Agency, visit:  www.pacificlegal.org/sackett.

About Pacific Legal Foundation:  Donor-supported PLF (www.pacificlegal.org) is the leading watchdog organization that litigates, without charge, for limited government, property rights, individual rights, and a balanced approach to environmental regulations, in courts nationwide.

The Sackett ruling is PLF’s sixth high-profile victory for liberty and limited government at the U.S. Supreme Court, since the foundation was established in 1973.

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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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