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Supreme Court Sides With Private Property Owner in Landmark EPA Case
The Blaze ^ | March 21, 2012 | Benny Johnson

Posted on 03/21/2012 1:32:57 PM PDT by Mechanicos

Today, the Supreme Court has sided with an Idaho couple in Sackett v. EPA, a private property rights case, ruling they have the right to go to court to challenge an Environmental Protection Agency policy that blocked construction of their new home and threatened fines of more than $30,000 a day.

(Excerpt) Read more at theblaze.com ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: constitution; epa; sackett; sackettvepa; scotus; supremecourt; tyranny; unanimous
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It's a Step in the right direction.
1 posted on 03/21/2012 1:33:07 PM PDT by Mechanicos
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To: Mechanicos

praise God for small miracles.


2 posted on 03/21/2012 1:43:14 PM PDT by dadfly
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To: Mechanicos

I hope he burns a pile of old truck tires in his backyard in celebration.


3 posted on 03/21/2012 1:44:49 PM PDT by The KG9 Kid
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To: Mechanicos
The fact that this has been going on for 5 years is important. That means it started under a Republican president. Career bureaucrats are leftist in all areas of government and need to be flushed by a combination of Republican presidents and congress. It will be difficult and take a long time but it is a necessary part of fixing government.
4 posted on 03/21/2012 1:46:35 PM PDT by mgpilot
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To: Mechanicos

Enjoy it while you can, especially if Romney gets the nomination.

If that happens, every last one of the deep thinkers around here who insist they’ll vote third-party or write-in rather than vote for Willard will be to blame when the SCOTUS tips the other way sometime during Kenyan Marxist’s second term.


5 posted on 03/21/2012 1:48:05 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: Mechanicos

Thank God! This couple was so persecuted!


6 posted on 03/21/2012 1:49:54 PM PDT by Lauren BaRecall (I declare for Santorum.)
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To: Mechanicos

And this was a 9-0 ruling I believe. As my grandkids are fond of saying, “you know you suck when ...” lol

Santorum 2012


7 posted on 03/21/2012 1:50:36 PM PDT by RIghtwardHo
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To: Mechanicos

Yes, but only a step it seems. They have the right to spend their money and go to court. How marvelous of the SCOTUS to affirm this......!

it would be nice if any further judgements against the EPA would have to come straight out of the pockets of those individuals who issued these restrictions. I supposed that would be pure fantasy though.

Primarily, I want to know why this couple was targeted.


8 posted on 03/21/2012 1:53:40 PM PDT by prairiebreeze
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To: RIghtwardHo

The family doesn’t immediately get their land usage rights, only the right to an EPA hearing.
At least the liberals on the court realized that people have to have a hearing, not be told to comply with the order if they want a hearing at all.


9 posted on 03/21/2012 1:55:08 PM PDT by tbw2
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To: newgeezer

Yeah.... I’m just SURE Mittens will nominate another Conservative Justice like Scalia..... /s


10 posted on 03/21/2012 1:58:12 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: mgpilot
Career bureaucrats are leftist in all areas of government and need to be flushed by a combination of Republican presidents and congress. It will be difficult and take a long time but it is a necessary part of fixing government.

It is VERY important that we note this as FACT! The reason bureaucrats are "leftists" is because their very survival, their entire careers, rely on their positions/offices having an ongoing purpose and more power to protect their offices/positions.

Every office and position in ANY government, other than those specifically listed in their Constitution should be reviewed every two to three years - as a MINIMUM! At the end of each period, the effectiveness, usefulness and cost of each job/position should be evaluated and either re-authorized or simply SHUT DOWN!!!
11 posted on 03/21/2012 1:58:50 PM PDT by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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To: newgeezer
every last one of the deep thinkers around here who insist they’ll vote third-party or write-in rather than vote for Willard will be to blame when the SCOTUS tips the other way sometime during Kenyan Marxist’s second term.

So very true. I hope these geniuses here at FR have an epiphany before November.

When SCOTUS tips, it's all over.

12 posted on 03/21/2012 1:58:59 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: RIghtwardHo; mickie
"This was a 9-0 ruling...."

Reading the linked article, you just KNOW that Ruth Buzzi Baader-Meinhof Ginsburg is going to go totalitarian with her next vote on this issue.

Maybe others, also.

This couple is not yet safe.

Leni

13 posted on 03/21/2012 2:00:04 PM PDT by MinuteGal
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To: Mechanicos

Good news.


14 posted on 03/21/2012 2:02:00 PM PDT by trappedincanuckistan (livefreeordietryin)
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To: newgeezer

I guess when Romney appoints judges/bureaucrats every bit as liberal, just like he did in MA, you’ll ‘feel’ better because he’s GOP huh?


15 posted on 03/21/2012 2:04:58 PM PDT by Norm Lenhart
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To: mgpilot

Government bow wows are almost impossible to fire.
Entire agencies, however, can be closed. It’s a rare event, but it has happened.


16 posted on 03/21/2012 2:13:28 PM PDT by Eric in the Ozarks (Beware the Sweater Vest)
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To: Norm Lenhart; KoRn
I guess when Romney appoints judges/bureaucrats every bit as liberal, just like he did in MA, you’ll ‘feel’ better because he’s GOP huh?

Oh, sure, because we KNOW there's at least SOME chance Barry O'Marxist will appoint someone to the right of Justice Kennedy, huh?

17 posted on 03/21/2012 2:13:44 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: newgeezer

Show me the conservatives Romney is on record appointing, ‘deep thinker’. Now when that effort turns up nothing, then explain what you base your confidence in Romney on if not his HISTORY.


18 posted on 03/21/2012 2:18:37 PM PDT by Norm Lenhart
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To: prairiebreeze
We went up against these Regulator folks 4 times. One of them even made the paper.

Case 1: They claimed a farmers ditch was a wetland. They lost.

Case 2: A house had burnt down which was on a creek. They said no way we could "re-build" there. We went after them on "loss of value"...and we won.

Case 3: A elderly gentleman wanted to build on old family land that originally had a house and old orchard. We were ab;e to find the foundation AND photos of what was once an historic house. We won.

Case 4: Made the newspapers. There was a house on a hill with a patio and it was beginning to sluff off...and the patio was endangered. The sluffing was due to e NEW MEANDER cutting into the bank. Little baby fish were living in the meander. They would not let us get back to the natural shore....which was shown on old State quads and the original subdivision.

It was a tremendous expense but we managed to pin the bank back....although we did lose the patio. All for some damn little fish which are over that creek.

19 posted on 03/21/2012 2:21:38 PM PDT by Sacajaweau
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To: Mechanicos

Unanimous decision, too.


20 posted on 03/21/2012 2:22:55 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Norm Lenhart

As much as the lying mitt sucks there is no way he can suck as bad as the real marxist in office.

If the rats were in our shoes i would be trolling them to vote nader/3rd party to help keep a rat out.If we are going
to have a fake conservative, it should darn well be our fake conservative.

Maybe we can draft Allen West to replace whatever loser wins the primary.


21 posted on 03/21/2012 2:23:30 PM PDT by soycd
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To: The KG9 Kid

Has not won anything yet except his day in court.


22 posted on 03/21/2012 2:26:28 PM PDT by org.whodat
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To: Semper911
So very true. I hope these geniuses here at FR have an epiphany before November.

When SCOTUS tips, it's all over.

If you're pinning your hopes on a Romney or a Santorum to maintain the balance of power on the SCOTUS, well... you're just postponing the inevitable.

The country is in real trouble. Business-as-usual is not going to cut it any more.

23 posted on 03/21/2012 2:28:03 PM PDT by Oberon (Big Brutha Be Watchin'.)
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To: soycd

I’ll give you the fact that he’s ‘better’ than obama, but it’s really a case of being starved or shot. Either way we are dead meat as a country. One is just a slower, more agonizing death.

Id just as soon get it over with and start over. Not that I WANT a disaster mind you, but either way we are going to get one.


24 posted on 03/21/2012 2:28:31 PM PDT by Norm Lenhart
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To: Semper911
So very true. I hope these geniuses here at FR have an epiphany before November.

When SCOTUS tips, it's all over.

If you're pinning your hopes on a Romney or a Santorum to maintain the balance of power on the SCOTUS, well... you're just postponing the inevitable.

The country is in real trouble. Business-as-usual is not going to cut it any more.

25 posted on 03/21/2012 2:31:51 PM PDT by Oberon (Big Brutha Be Watchin'.)
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To: Norm Lenhart

I’m not aware of Romney appointing any FEDERAL judges, are you?

I don’t know and frankly couldn’t care less but, I wonder if just maybe he decided to keep the status quo in the Mass. judiciary so the Dems couldn’t use that against him come re-election time. Hmm?

Sheesh. Just forget about it. Let’s give the Marxist four more years, this time with no thoughts of re-electability holding him back. Yeah, that’ll teach the Republican Establishment a thing or two. It’s their fault, not ours, if the country goes to hell with Obama at the helm.


26 posted on 03/21/2012 2:43:39 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: newgeezer

This is, hands down. the poorest attempt I have ever seen at trying to duck the issue.

The first sentence alone should embarrass you.


27 posted on 03/21/2012 2:47:46 PM PDT by Norm Lenhart
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To: Mechanicos; All

Why do have the feeling that this decision will be immediately and consumatetly ignored by Holder at DOJ and Obama’s czars at EPA?

A Pyrrhic victory at best.


28 posted on 03/21/2012 2:53:26 PM PDT by Jack Deth (Knight Errant and Resident FReeper Kitty Poem /Haiku Guy)
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To: Oberon
If you're pinning your hopes on a Romney or a Santorum to maintain the balance of power on the SCOTUS, well... you're just postponing the inevitable.
The country is in real trouble. Business-as-usual is not going to cut it any more.

Right, so let's all go vote third party -- or better yet, let's stay home if Mittens is the nominee.

The only thing I have my hopes pinned to is divine intervention. God can move mountains but you better bring a shovel. So I'll be voting against Obama regardless of who is the nominee.

29 posted on 03/21/2012 2:56:57 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Norm Lenhart

I’m not “ducking” anything. I don’t need to waste any time looking at Willard’s history to know that he is NOT a conservative. The fact that he was elected governor of Massachusetts was enough to prove that.

Two other things I know: Willard is not a f*cking Marxist like Obama, and voting for some third-party conservative no-chance won’t do jack sh*t to stop Obama and his anti-America agenda.


30 posted on 03/21/2012 3:02:13 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: newgeezer
Willard is not a f*cking Marxist like Obama, and voting for some third-party conservative no-chance won’t do jack sh*t

Keep fighting the good fight, newsgeezer. I've got your back.

31 posted on 03/21/2012 3:06:10 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911

Thanks. Back atcha, brother.


32 posted on 03/21/2012 3:09:01 PM PDT by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: newgeezer

Absolutely stunning logic. And deep, deep thought to achieve it.

Can I interview you sometime for my book? I’m writing one on the lack of critical thought in society and the damage it does; and you are the exact kind of person my book refers to. I’m quite serious.


33 posted on 03/21/2012 3:18:02 PM PDT by Norm Lenhart
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To: Semper911

He doesn’t know/or care who Romney appoints, and you have his back?

OK.


34 posted on 03/21/2012 3:19:58 PM PDT by Norm Lenhart
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To: Norm Lenhart; newgeezer

He knows that the mission objective is to send Obama packing. And yes, I have his back.


35 posted on 03/21/2012 3:23:43 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Norm Lenhart
Judge Bork is one of his advisors on judges. I'll take that as a first good step.
36 posted on 03/21/2012 3:26:51 PM PDT by Mike10542
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To: Semper911

If that mission is to install one liberal who will destroy America one way over another liberal destroying it in a different way, then yes. That does appear to be the mission these excuses for voting Romney will likely accomplish that.

Amazing how quickly people forget JR’s ‘no Romney no way no how’ edict for his site.

Amazing how little respect many of it’s users have for him and his clear statements. I cannot IMAGINE how the ‘conservative movement’ ever got so screwed up.


37 posted on 03/21/2012 3:28:49 PM PDT by Norm Lenhart
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To: Mike10542

I’d point out his advisor telling the world that his conservatism extends as far as the primary.


38 posted on 03/21/2012 3:30:52 PM PDT by Norm Lenhart
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To: newgeezer

No.

I’m a voter, not a hostage.

Why do we now have to work so damn hard to STOP a Romney nomination when the GOP-E, KNEW that Masscare was a FATAL DISQUALIFICATION for the nomination in the first place?

Now Romney’s got Coulter, Drudge, Rove, and dozens of others drooling on his kneecaps this late in the process. Millions of dollars and millions of volunteer hours will have been wasted because somebody couldn’t talk sense to this guy THE DAY MASSCARE PASSED THE MASSSACHUSETTS SENATE!!

All it would have taken was, “Mitt, nice work, but you know you can’t be the nominee, right? You know that was the price, right?”

Nope, like Dole, like McCain, he was next in line.

So, yeah. The GOP picked their candidate over a year ago, and they are PISSED we aren’t going along with it. Peggy Noonan wrote as much about a month ago.

There WAS a nominee. We changed that at the grass roots, but at what point is this party going to get a clue in to the idea that it is time to FINALLY give a conservative a shot at it.

Sorry, but its guys like you that are trying to hang the future of the country on guys like me who WILL NOT STAY ON THE RESERVATION when I WASN’T THE GUY WHO LEFT IN THE FIRST PLACE!!!

Nope, if you get Obama. Do. Not. Blame. Me. You can blame the Cardinals in the GOP college that sent the white smoke up the chimney on this fraud from before the first primary. Romney was a presumption. You are trying to perpetrate that presumption.

For me, I think Gingrich SHOULD stay in. Between Santorum and Gingrich, they should pull every free-thinking, liberty-cherishing conservative left in the party and when they go to broker the convention, they can be a ticket and send Romney back to the People’s Republic of Massachusetts.

So SICK of the lectures about another four years of Obama.

Can you IMAGINE if McCain had actually won? I’m glad this idiot had to pull the scabs off of all the banks, the CME, ratings agencies, Fannie, Freddie, and Sallie. The D’s created this in the first place during Rubin/Clinton - LET THEM OWN IT!

Obama went so much better than owning the economy. He assaulted the church, bilked taxpayers out of billions, destroyed the commodities market with Corzine, etc.

If we win, let it be a conservative, or let the idiot Obama completely destroy the country. We apparently aren’t smart enough to learn from the last 100 years worth of mistakes. Before its over, I’ll be dead, or we’ll be chasing liberals down in the streets with weapons.

I’d rather not see it come to that, but if Romney gets the nod, Obama wins by default. “Thanks for the idea for Obamacare, Mitt, I couldn’t have done it without you!” And that’s it. That’s the election.

So please, peddle the ‘Obama is going to be your fault’ among McConnell, Cantor, and the rest of the college of Cardinals that picked that charlatan in the first place.

I’m not buying it, and neither should any sentient being still left in the conservative caucus.

Moreover, IF you vote for Romney, you are now personally responsible for what he’s about to perpetrate, which is a half-hearted attempt at repealing Obamacare, (which was his idea), and a temporary liberal lovefest from the press when he gives up and learns to love it.

He’ll bask in the love from the MSM, the narcissist that he is, until he needs them again, and like every other DC Republican, he’ll be shocked to find the press has turned on him.

You want me to get behind Etch-A-Sketch?


39 posted on 03/21/2012 3:41:03 PM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: Mechanicos

A small step.

http://volokh.com/2012/03/21/unanimous-supreme-court-rules-in-favor-of-property-owners-in-sackett-v-epa/
“The Court bases its decision on statutory grounds, ruling that the property owners are entitled to judicial review of their case under the Administrative Procedure Act. It therefore did not reach the issue of whether such review is also required by the Due Process Clause of the Fifth Amendment, which states that the government may not deprive individuals of life, liberty, or property without due process of law. The scope of the decision is therefore limited. And, as Justice Alito goes on to explain, “the combination of the uncertain reach of the Clean Water Act and the draconian penalties imposed for the sort of violations alleged in this case still leaves most property owners with little practical alternative but to dance to the EPA’s tune.” He urges Congress to clarify the scope of the CWA so that property owners will at least have a clearer indication of the scope of EPA authority over their land. Despite these limitations, the decision is a significant victory for property rights, and a rare case of unanimity on an important property rights issue.”


40 posted on 03/21/2012 3:44:12 PM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: mgpilot

YEA!!! someone else gets it! It is time to make government smaller, by cutting the number of people in the federal government so they don’t have time for crap programs, like this one. The government that does the least governs best. Every single politician should be working to make government smaller or else we should work to remove them.


41 posted on 03/21/2012 3:49:47 PM PDT by q_an_a (the more laws the less justice)
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To: RinaseaofDs

BRAVO!

Perfectly stated.


42 posted on 03/21/2012 3:56:26 PM PDT by Norm Lenhart
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To: newgeezer
every last one of the deep thinkers around here who insist they’ll vote third-party or write-in rather than vote for Willard will be to blame when the SCOTUS tips the other way

Willard will appoint justices which are as far to the left as Obamney would, so your argument is moot.

If Obamney wins then the blame falls to only those who voted for the pair. In an Obamney election, anyone who fails to vote third party is a traitor. A traitor to the Declaration of Independence, a traitor to the Constitution, a traitor to the U.S, and an abortion-loving traitor to God.

43 posted on 03/21/2012 3:57:11 PM PDT by Sirius Lee (Sofa King Mitt Odd Did Obamneycare)
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To: Sirius Lee

I’ll never understand how a person can sit there one moment and say they are MR. Right wing Patriot and the next, vote for those who are the living embodiment of everything they claim to be against.

The lesser of two evils still elects evil. In the off-road motorsports world we had plenty of fools that were willing to ‘compromise’ their principles i landuse. “Oh if we give the greenies these roads/trails, they will leave us alone.” Of course once said trails were bargained away, the greenies immediately went to work on more ‘safe’ places...and they were bargained away...over and over.

I left the sport and the fight in the early 2000s after determining that the greenies weren’t the big problem. Compromisers in my own community were.

Today, almost every area I was involved in the fight to keep open is now either totally off limits or mostly so. EVERY ONE.

But hey, lets compromise something even more important - the very principles of America, just to ‘win.

Nope. Not me. I learned my lesson and to hell with those that will.


44 posted on 03/21/2012 4:26:30 PM PDT by Norm Lenhart
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To: Semper911
Right, so let's all go vote third party -- or better yet, let's stay home if Mittens is the nominee.

Well, I hadn't planned to do that, but if you say so...

45 posted on 03/21/2012 7:28:54 PM PDT by Oberon (Big Brutha Be Watchin'.)
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To: Oberon

Bookmark


46 posted on 03/21/2012 7:56:00 PM PDT by Publius6961 (“It’s easy to make phony promises you can’t keep.” - Obama, Feb23, 2012)
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To: Mechanicos
I could go on for hours, discussing this subject.
As an engineer working in all kinds of Land Development for 40 years, this is near and dear to be.

Aside from the EPA, their bureaucratic muscle, the Corps of Engineers have been a totalitarian juggernaut oppressing property owners for 50 over 40 years. Maybe they should put up a huge sign on their buildings, like Mc Donalds... but I digress.

Suffice for now to post two links for those inclined to dig deeper into this story:

Supreme Court Decision

And

Amicus Briefs

Note the unusually strange mix of bedfellows alerted to this case, some, I assume from the darkside, and others supporting the fading "Force."

47 posted on 03/21/2012 8:34:36 PM PDT by Publius6961 (“It’s easy to make phony promises you can’t keep.” - Obama, Feb23, 2012)
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To: RinaseaofDs
If we win, let it be a conservative, or let the idiot Obama completely destroy the country. We apparently aren’t smart enough to learn from the last 100 years worth of mistakes. Before its over, I’ll be dead, or we’ll be chasing liberals down in the streets with weapons...
I’d rather not see it come to that, but if Romney gets the nod, Obama wins by default. “Thanks for the idea for Obamacare, Mitt, I couldn’t have done it without you!” And that’s it. That’s the election.

Wow.

I wish I could have said it as well.

Bravo!

Oh yes...
The Primaries?
Gingrich.

48 posted on 03/21/2012 8:50:50 PM PDT by Publius6961 (“It’s easy to make phony promises you can’t keep.” - Obama, Feb23, 2012)
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To: Mechanicos

This make the Obamanist very unhappy..ah haha..hahaha.
Take that bonehead government prog epa control freaks!


49 posted on 03/22/2012 8:30:35 AM PDT by Leep (Dueling tag lines=don't worry,you'll be a vegetable guy soon<>It's gonna be a Newt day!)
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To: Leep

This makes the Obammunist very unhappy..ah haha..hahaha.
Take that bonehead government prog epa control freaks!


50 posted on 03/22/2012 8:33:25 AM PDT by Leep (Dueling tag lines=don't worry,you'll be a vegetable guy soon<>It's gonna be a Newt day!)
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