Property Rights Foundation of America®
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News Brief - Winter 2012:.

Supreme Court Allows Couple to Sue EPA Over Wetlands Compliance
The U.S. Supreme Court ruled unanimously on March 21, 2012 that Michael and Chantell Sackett can challenge the EPA for designating their property as wetlands and ordering them not to build a house. According to The New York Times (March 22, 2012), the EPA had issued a compliance order, with potential $75,000 per day fines, while refusing to give the Idaho couple a hearing and forbidding them from challenging the EPA in court unless they exhausted review by other agencies, including the Corps of Engineers. Justice Antonin Scalia wrote for the court, "There is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into 'voluntary compliance' without the opportunity for judicial review." Pacific Legal Foundation brought the appeal.

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