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SCOTUS Sides With Landowners In Blow to Obama Admin's Environmental Agenda
Townhall.com ^ | June 1, 2016 | Cortney O'Brien

Posted on 06/01/2016 5:49:39 AM PDT by Kaslin

The White House’s Clean Water Act requires property owners to surrender possession of land that falls under its jurisdiction. The law, which has frustrated landowners for 40 years, was expanded last year when the Obama administration issued new rules for which bodies of water can be claimed as government property.

Hawkes Co., Inc. was one of the businesses affected by the White House’s environmental guidelines. The company, which provides peat for golf courses, was prevented from using property in Marshall County, Minnesota, because it had been deemed federally controlled wetlands by the United States Corps of Engineers. The Supreme Court took up the case last December.  

On Tuesday, the justices ruled in Hawkes’ favor, declaring that landowners have the right to seek judicial review – and it was unanimous.

The court’s eight justices agreed in Army Corps of Engineers v. Hawkes Co. Inc. that the Corps’ final “jurisdictional determination” regarding a peat mining company’s wetlands is a “final agency action,” and the company can challenge it like any regulation.

Pacific Legal Foundation, which had represented the company in court, said the victory proved landowners were no longer at the “mercy” of the government.

“Everyone who values property rights and access to justice should welcome this historic victory,” PLF Principal Attorney M. Reed Hopper said in a statement.


TOPICS: Front Page News; Government; US: New York
KEYWORDS: 2016election; antoninscalia; cleanwateract; election2016; environment; epaoutofcontrol; newyork; propertyrights; scalia; scotus; scotusepa; texas; trump
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1 posted on 06/01/2016 5:49:40 AM PDT by Kaslin
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To: Kaslin

““Everyone who values property rights and access to justice should welcome this historic victory,” PLF Principal Attorney M. Reed Hopper said in a statement.”

And all you need is $350K in legal fees (unless the PLF or other organization comes to your rescue) and to suspend your operations for 3 years while you sweat bullets whether a SWAT team will stage a raid on you and yours. What’s the big deal?


2 posted on 06/01/2016 5:52:57 AM PDT by Attention Surplus Disorder (I apologize for not apologizing.)
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To: Kaslin

3 posted on 06/01/2016 5:57:58 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Kaslin
Please identify this photo. Thanks.

Leni

4 posted on 06/01/2016 6:00:32 AM PDT by MinuteGal ( GO, TRUMP, GO !!!)
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To: Kaslin; Lazamataz
Quoting Lazamataz:That was from yesterday (5/31/16).

Trump will need at least six months to clean (revoke) nobama's extra-constitutional messes.

Like this one for example.

5 posted on 06/01/2016 6:02:21 AM PDT by upchuck (I'm hanging here until my Free Republic 401K is fully vested.)
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To: Kaslin

and it was unanimous. ................................I’m really shocked!...................and GLAD........................


6 posted on 06/01/2016 6:02:29 AM PDT by Red Badger (WE DON'T NEED NO STEENKING TAGLINES!...........................)
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To: Puppage

Huh, yea, but what kind?


7 posted on 06/01/2016 6:02:48 AM PDT by wita
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To: Kaslin

THANK YOU FOR THE POST.
GOOD WORK.


8 posted on 06/01/2016 6:06:59 AM PDT by ptsal
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To: MinuteGal

That’s one gina mccarthy, the corrupt political officer in charge of the EPA.


9 posted on 06/01/2016 6:09:39 AM PDT by 43north (BHO: 50% black, 50% white, 100% red.)
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To: Kaslin

Another liberal fascist mutant.


10 posted on 06/01/2016 6:10:52 AM PDT by headstamp 2 (Fear is the mind killer.)
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To: upchuck

Here’s a link to an online countdown clock

I don’t know how to post it as a working graphic

http://www.timeanddate.com/countdown/generic?iso=20170120T00&p0=263&msg=Obama+GTFO


11 posted on 06/01/2016 6:12:05 AM PDT by bert ((K.E.; N.P.; GOPc;+12, 73, ....Opabinia can teach us a lot)
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To: MinuteGal
Please identify this photo. Thanks.

EPA Administrator Gina McCarthy, in a lovely Gobsmacked pose...

12 posted on 06/01/2016 6:13:02 AM PDT by COBOL2Java (Donald Trump, warts and all, is not a public enemy. The Golems in the GOP are stasis and apathy)
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To: Red Badger; Kaslin

Unanimous, yes, but I am puzzled as to why the concurring opinions were written. I see no additional meat in them.


13 posted on 06/01/2016 6:17:07 AM PDT by NonValueAdded (JFK Wanted To Send Man To Moon - Obama Wants To Send Man To Ladies Room)
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To: Kaslin

Nice.

Not great, but nice.

Great would be stripping the extra-constitutional power entirely. There is none given to simply possess “wetlands” because they exist.


14 posted on 06/01/2016 6:20:43 AM PDT by Rurudyne (Standup Philosopher)
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To: NonValueAdded

They are basically ‘passing the buck’............................


15 posted on 06/01/2016 6:22:31 AM PDT by Red Badger (WE DON'T NEED NO STEENKING TAGLINES!...........................)
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To: Attention Surplus Disorder

There ya go! What a lame ruling. The govey should be made to pay all attorney’s fees, and sanctioned for bringing the case.


16 posted on 06/01/2016 6:23:50 AM PDT by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Kaslin

I know, its hard to believe, but she IS mariried to a man named “Kenneth” and has three kids (supposedly).


17 posted on 06/01/2016 6:34:10 AM PDT by bkopto
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To: Red Badger

So am I


18 posted on 06/01/2016 6:35:45 AM PDT by Kaslin (He needed the ignorant to reelect him. He got them and now we have to pay the consequences)
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To: 43north; headstamp 2; COBOL2Java; Kaslin
Thanks for the identification.

She (he, it) is the perfect composite of every aggressive, androgynous, leftist, activist, radical woman I've ever encountered...and I've encountered many in my politically-active adult life.

19 posted on 06/01/2016 6:41:34 AM PDT by MinuteGal ( GO, TRUMP, GO !!!)
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To: Kaslin

Homo alert.


20 posted on 06/01/2016 6:44:53 AM PDT by ecomcon
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