October 3, 2011

Significant amicus support in Sackett v. EPA

By Significant amicus support in Sackett v. EPA

Author:  Damien M. Schiff

Last week, we received nearly a dozen amicus briefs supporting the Sacketts in their Supreme Court fight against EPA.  The briefs were submitted on behalf of a wide array of public and private entitites (in no particular order):  the American Civil Rights Union; American Farm Bureau Federation, National Council of Farmer Cooperatives, National Cattlemen's Beef Association, Public Lands Council; American Petroleum Institute, American Road & Transportation Builders Association, Building Owners and Managers Association International, CropLife America, The Fertilizer Institute, Foundation for Environmental and Economic Progress, International Council of Shopping Centers, National Association of Real Estate Investment Trusts, National Association of Realtors, National Mining Association, Utility Water Act Group; Center for Constitutional Jurisprudence, National Federation of Independent Business Small Business Legal Center, Chamber of Commerce of the United States of America; The Competitive Enterprise Institute; General Electric Co.; Institute for Justice; Mountain States Legal Foundation; National Association of Homebuilders, The Real Estate Roundtable, National Apartment Association; National Association of Manufacturers; the States of Alaska, Wyoming, Hawaii, South Carolina, Virginia, North Dakota, Nebraska, Arizona, Colorado, Michigan; Wet Weather Partnership, South Carolina Water Quality Association, North Carolina Water Quality Association, West Virginia Municipal Water Quality Association, Virginia Association of Municipal Wastewater Agencies, National Association of Clean Water Agencies, and the City of New York.

Many thanks to all of these groups for their support of the Sacketts!

UPDATE:  You can access all of these briefs here.

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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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