In an opinion released this morning (pdf), Justice Scalia wrote for a unanimous court that Mike and Chantelle Sackett will get a day in court to challenge EPA’s wetlands compliance order. The Court ruled that the wording of the order itself made it a “final” decision by EPA, and thus subject to a Court’s review. [...]
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An opinion piece published in the Spokesman-Review sheds some additional light on the Sackett case pending before the U.S. Supreme Court. As we've written before, the Supreme Court is only deciding a procedural point about how and when the Sacketts can challenge an EPA wetlands determination. Even if the Sacketts win their Supreme Court case, [...]
By most accounts, it was a tough day for EPA in the Supreme Court on Monday. Although the Sacketts got their share of skepticism from the Justices, the EPA really took it on the chin during the oral argument of the Priest Lake wetland case. The issue before the court was whether a “compliance order” [...]
We'll probably have more on this later today or tomorrow, but for those interested in how it went at the Supreme Court today, our friends at Center for Justice have posted the transcript of the oral argument. (Spoiler Alert: the EPA seemed to have a pretty tough day.) Regardless of the outcome of the case, and [...]
This morning, the U.S. Supreme Court agreed to allow filing of an amicus brief in the Sackett v. EPA case which will be argued at the Court on Monday morning. (The Supreme Court's order (pdf) is here.) The brief is being filed on behalf of NRDC, the Waterkeeper Alliance, Idaho Conservation League, Idaho Rivers United, [...]
The Supreme Court wetland case involving a Priest Lake lot will be heard by the Court on Monday morning, and the legal and environmental pundits have been previewing the case. The Court has yet to rule on whether a brief by conservation groups will be filed, but a ruling could come as early as tomorrow. [...]
On Monday, the U.S. Supreme Court will hear oral arguments in the case of Priest Lake residents Mike and Chantell Sackett. We’ve written about this complicated wetlands case before. The Sacketts are suing the EPA over a wetland determination on their property, and that a compliance order issued by EPA in the case should be [...]
It took all of 5 minutes to create the above map, using the US Fish and Wildlife Service wetlands mapper. Had the Sackett's taken the time to to look into it before bulldozing their property and filling it with gravel, or had they made a call to the US Army Corps of Engineers [...]
Well, it seems we've touched a nerve over at the Sacramento-based Pacific Legal Foundation. They are NOT pleased with our recent blog posting about the Priest Lake wetland case. Pacific Legal Foundation represents the Sacketts in their procedural fight with the EPA. Of course, the "PLF Liberty Blog" doesn't really take issue with our analysis. [...]
The short answer is: yes, in Idaho, of course they are -- there were a grand total of four of them spotted this winter. But according to an industry and developer-funded California legal organization looking for loopholes, it isn't that simple. The Pacific Legal Foundation (PLF), a California-based law firm with a take-no-prisoners property rights ideology, [...]