EPA gets a much-deserved smackdown:
[h=3]US Supreme Court: Property Owners Can Challenge EPA.[/h]The
Washington Post (3/22, Barnes, Eilperin) reports, "The Supreme Court on Wednesday unanimously ruled for an Idaho couple who have been in a four-year battle with the Environmental Protection Agency over the government's claim that the land on which they plan to build a home contains sensitive wetlands." The decision allows the couple "to go to court to challenge the agency's order. More broadly, it gives landowners and businesses a tool to fight the approximately 1,500 administrative compliance orders that the EPA issues each year to try to force an immediate halt to what the agency considers environmental damage."
On its website,
CNN International (3/22, Mears) reports, "At issue before the high court was whether the Sacketts have a right to have a 'timely and meaningful' hearing before a court to challenge a Clean Water Act wetlands-restoration order of a federal agency."
The
Washington Times (3/22, Richardson) reports, "The case was considered the most significant property rights case on the high court's docket this year, with the potential to change the balance of power between landowners and the EPA in disputes over land use, development and the enforcement of environmental regulations. Critics called the EPA action a clear example of overreach, as the property in question was a small vacant lot in the middle of an established residential subdivision in the Idaho Panhandle." The US "government argued that allowing EPA compliance orders to be challenged in court could severely delay actions needed to prevent imminent ecological disasters."
Reuters (3/22, Vicini) notes that the Sacketts appeal drew support from the National Association of Manufacturers and other business groups.
On its website,
NPR (3/22, Chen, Totenberg) reports, "The court said that such orders would still be useful to quickly stop environmental damage even if they could be challenged in court. 'Compliance orders will remain an effective means of securing prompt voluntary compliance in those many cases where there is no substantial basis to question their validity,'" said Justice Antonin Scalia.
Politico (3/22, Guillen) reports, "In a concurring opinion, Justice Ruth Bader Ginsburg noted that, while she agrees that the Sacketts can challenge EPA's jurisdiction in court, Wednesday's ruling did not wade into the specifics of the case. That leaves the door open 'for another day and case' on whether property owners can challenge the 'terms and conditions of the compliance order,' Ginsburg wrote. The justices sent the Sacketts's case back to a lower court for consideration under the Supreme Court's new guidance."