October 15, 2011

Sacketts provide direct testimony to Congressional panel

By Sacketts provide direct testimony to Congressional panel

Author:  Anne Hayes

As we noted a few days ago, our clients, Mike and Chantell Sackett, appeared on Wednesday afternoon before an informal congressional panel to testify about regulatory agency assaults on property rights.  The panel was put together by Senator Rand Paul.  Here is a video clip, courtesy of Senator Mike Crapo, that includes a comment by Senator Crapo followed by the Sacketts' testimony.


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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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