6 years ago

Updated: Washington Times, The Foundry, The Blaze, Armstrong & Getty on Sackett

By Updated: Washington Times, The Foundry, The Blaze, Armstrong & Getty on Sackett

This morning’s roundup about the argument in Sackett v. EPA yesterday includes The Washington Times’ Peter Bella, Becket Adams at The Blaze, and Seth Jaffe at Law & The Environment. Meanwhile, I spoke this morning with Armstrong & Getty about the case; you can listen online here (my part begins about 19:50).

Update: The Spokane Spokesman-Review has an article 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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