Author: Damien M. Schiff
World Net Daily has an excellent piece today on the plight of Mike and Chantell Sackett, PLF clients who are fighting for the right to have their day in court against the EPA. The agency issued the Sacketts a compliance order under the Clean Water Act, contending that they had illegally filled wetlands on their property. Of course, the Sacketts believe that they have done nothing wrong, but the EPA (and for now the courts) have held that they have no right of judicial review for the compliance order. The Sacketts have therefore asked the Supreme Court to take up their case and to hold that such a regime violates the basic principles of due process, i.e., notice and an opportunity to be heard. The Sacketts' petition for certiorari is fully briefed, and a decision from the high court on whether to take up the case is due in about a week.