Posted on 06/01/2016 5:49:39 AM PDT by Kaslin
The White Houses 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 Houses 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 courts eight justices agreed in Army Corps of Engineers v. Hawkes Co. Inc. that the Corps final jurisdictional determination regarding a peat mining companys 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.
“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?
Leni
Trump will need at least six months to clean (revoke) nobama's extra-constitutional messes.
Like this one for example.
and it was unanimous. ................................I’m really shocked!...................and GLAD........................
Huh, yea, but what kind?
THANK YOU FOR THE POST.
GOOD WORK.
That’s one gina mccarthy, the corrupt political officer in charge of the EPA.
Another liberal fascist mutant.
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
EPA Administrator Gina McCarthy, in a lovely Gobsmacked pose...
Unanimous, yes, but I am puzzled as to why the concurring opinions were written. I see no additional meat in them.
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.
They are basically ‘passing the buck’............................
There ya go! What a lame ruling. The govey should be made to pay all attorney’s fees, and sanctioned for bringing the case.
I know, its hard to believe, but she IS mariried to a man named “Kenneth” and has three kids (supposedly).
So am I
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.
Homo alert.
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