Topic: EPA vs Sackett

[Pandora]

Update from HotAir.

A month ago, I wrote about the Supreme Court’s decision to take a close look at the EPA and the lack of due process afforded to property owners who run afoul of arcane regulations, regarding wetlands in this specific case.  Sackett v EPA pits an Idaho couple who wanted to build their dream house on property they bought for that purpose, and which had been zoned and properly permitted for it as well — until the EPA declared it “wetlands” and insisted that the Sacketts had to dismantle their construction at their own expense.  Thanks to the convoluted rules of the EPA, the Sacketts couldn’t challenge the ruling in court unless the EPA decided to let them, and the EPA could fine them $32,500 a day while they argued it out.

Oral arguments started last week at the Supreme Court, and ABC News reported yesterday that the EPA came in for some rough treatment at the hands of Justice Samuel Alito:

...

But actually the biggest hit to the argument came from Justice Stephen Breyer, one of the court’s liberals, who forced the EPA’s attorney to acknowledge the catch-22 that the EPA has built to keep people like the Sacketts from gaining their due process:

...

And this is where the rest of the court began to chime in:

Including Kagan.  Read the whole thing; it looks encouraging.

[IronDioPriest]

Yip. When even the libs are alarmed about government overreach and trampling on rights, it's a good indication which way the SCoTUS wind is blowing. I wish they would follow the constitution, common sense, and liberty all the time, and not just often enough to make it noteworthy when they do.

*sigh* Even the good things invoke the bad.

[Pandora]

Because the few good things remind us of how much truly bad there is.

A commenter at HotAir remarked that depending on SCOTUS to decide correctly on these issues is looking to the wrong body, that it's Congress' job to legislate properly to prohibit this sort of bureaucratic tyranny.  He's right, of course, but then when I consider that Marco Rubio co-sponsored the SOPA bill, it's obvious none of them refer to the Constitution to seek the answer to the question of rightful authority.  Do any in Congress actually realize how far down the no-due-process road the various agencies have gone?  I doubt it.

[IronDioPriest]

Do any in Congress actually realize how far down the no-due-process road the various agencies have gone?  I doubt it.

A few here and there. Michele Bachmann, Ron Paul, etc. You know, the kooks.

[Libertas]

Is there any chance of punitive damages being awarded to the Sackett's if they win?  If not there sure ought to be!

These extra-constitutional regulators need to be ENDED, period!  And Congress should not EVER create them in the first place and MUST end them NOW!

[IronDioPriest]

I wish I knew how to start a movement that would encourage and enlist states, municipalities, businesses, and citizens to band together on specific actions to defy regulations. Each instance of defiance would be accompanied by an announcement of the regulation being defied, along with an admonition that if the federal government wishes to alter the action being taken, congress must pass a law and the President must sign it, but that the bureaucratic regulatory regime is no longer recognized as authoritative, thus the proposed action will move ahead as planned, protected by the state, and any interference from the federal government in an attempt to enforce a non-legislative bureaucratic edict will be viewed as unlawful.

A monumental undertaking, I know. But I fail to see how the federal government is ever reined in without such defiance. If they are never forced to defend their overreach in the court of public opinion, they will never stop their overreach.

[Libertas]

I agree IDP, it would be a huge undertaking, but valuable beyond description.  But alas, I've been bitching about fat cat repub's sitting on their hands (and their money) for 30 years and still no inroads into media outlets by conservatives...so I bet I would wait twice as long and see no movement on this idea.

Alas, may be too little too late even if the shop were opened in fast order.

Frustration, my old friend, pays yet another visit...

[charlesoakwood]

I'm convinced that 40% are so under schooled, as in never motivated or enthusiastically
engaged in civics (support political knowledge 1/10th as much as sports).
They DON'T WANT TO HEAR IT.  They can rattle baseball stats till the cows come home
and they think Sarah Palin is an idiot who can see Russia from her yard, har har har
because they heard it on some sports talk show. 

That 40% will move on a catchy sound bite more than any fact. And the Democrat
Party is the minstrel show for them.  If you try to move them to concentrate you will irritate them.

We must win in spite of them, with the catchy sound bite if necessary then
allow their children to receive a proper education which includes the joy of
civics and critical thought.

[Pandora]

Court Sides With Property Owners Over EPA

The Supreme Court has sided with an Idaho couple in a property rights case, ruling they can go to court to challenge an Environmental Protection Agency order that blocked construction of their new home and threatened fines of more than $30,000 a day.

What they've won is the right to challenge the EPA in court, not the right to build on their property.  Yet.

Ha!  What the AP failed to report? 

Judgment: Reversed, 9-0, in an opinion by Justice Scalia on March 21, 2012. Justices Ginsburg and Alito each filed concurring opinions.

http://www.scotusblog.com/case-files/cases/sackett-et-vir-v-environmental-protection-agency-et-al/

[Libertas]

Itn could get kicked up again if the Regime keeps losing and appealing.  Bastards just never ever give up on stomping We the People!

Here's hoping the EPA gets cut down to size!

[IronDioPriest]

SO this family "wins" the "right" to sue the EPA. Big woopin' deal. If they have the resources to mount such a suit, they'll be flat broke before it's over. In the meantime, the EPA is preventing them from building on their property.

[Libertas]

Then Landmark Legal or somebody should be doing Pro Bono work for them.

[Pandora]

Yes, it's not everything, but don't misunderestimate the win here.  Prior to this, the EPA ruled itself off limits by citizens to court jurisdiction.

"Small steps, Ellie".

Until we have them by their necks, it'll do.

[Libertas]

Yes, it's not everything, but don't misunderestimate the win here.  Prior to this, the EPA ruled itself off limits by citizens to court jurisdiction.

"Small steps, Ellie".

Until we have them by their necks, it'll do.

Ahhh, such a pleasant thought! 

[Glock32]

It's like the IRS. They have their own courts. They get to be legislature (via their overly broad regulatory power), executive, and judiciary all rolled into one.

I'm also becoming less and less impressed with the argument that says these agencies must have the regulatory authority they have because no legislature can statutorily address the minutiae of these things. I'm of the mind now that that's less an argument in favor of broad bureaucratic regulatory authority and more an argument that the Federal government has simply inserted itself in realms it has no business being in.

[Libertas]

It's like the IRS. They have their own courts. They get to be legislature (via their overly broad regulatory power), executive, and judiciary all rolled into one.

I'm also becoming less and less impressed with the argument that says these agencies must have the regulatory authority they have because no legislature can statutorily address the minutiae of these things. I'm of the mind now that that's less an argument in favor of broad bureaucratic regulatory authority and more an argument that the Federal government has simply inserted itself in realms it has no business being in.

Yeah, that's BS.  But when you have a lazy stupid legislatures and combine it with progressive government growing clowns this is what you get!  The Fed's are far far too heavily involved in things best left alone (the bigger chunk) or best handled at the local level (the smaller chuink)!