January 12, 2012

Mike Sackett: "All we wanted to do was build our house"

By Mike Sackett: "All we wanted to do was build our house"

Nationally syndicated radio show host Roger Hedgecock took a break from his coverage of the New Hampshire primaries on Monday to interview PLF client Mike Sackett on the afternoon following oral argument.  The interview with Mike Sackett can be heard at the beginning of this podcast.

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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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