January 10, 2012

Sacketts interviewed on Supreme Court steps

By Sacketts interviewed on Supreme Court steps

Immediately following oral argument, parties and their lawyers exiting the Supreme Court are usually confronted by the Court’s press contingent, and yesterday’s argument in Sackett v. EPA was no exception.  Judging by the press coverage, this case is not only recognized as being one of the Court’s most important cases this term, but nearly all of the accounts, linked to in previous posts on this blog, indicate the reporters’ perceptions that the EPA is not going to come out on top this time.

Here is a well-done video by CBN that includes some of the interviews conducted on the Supreme Court steps.



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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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