Author: Damien M. Schiff
In a post today on the Times' Green Blog, Felicity Barringer writes about Mike and Chantell Sackett's struggle against the EPA to get their day in court. The article does a good job of describing the difficulty the Sacketts are in, now that they have received a compliance order from EPA: either continue with their homebuilding and run the risk of civil and criminal penalties, or apply for a permit that costs more than the property itself without any right of refund should they ultimately prevail on their contention that the property is not within the EPA's jurisdiction. The post also poses the provocative and relevant question: "But the letter of the law, regardless of whether it is reviewed by the Supreme Court, doesn’t fully address a separate fairness question presented by the Sacketts’ situation. If some people have filled and built on an isolated corner of larger wetlands, should others be constrained from doing likewise?"