Posted on 03/21/2012 8:16:17 AM PDT by pabianice
Now on Fox. SCOTUS has ruled in favor of the couple that bought a house lot and was then fined $ 175,000/day by the loathsome EPA for "disturbing a wetland" that does not exist. Will be fascinating to see if any of the Rancid Media even report this.
If EPA really wanted a wetland they could have purchased the property.
That's the end result of the Madrona Swamp case ~ local government (and blue hired biddies) were told ~ buy it or shut up about it. The builder ended up arranging to sell some of it now, some of it later, and with a right to recover the parcel intact should it dry up (since it's otherwise a horrid desert of no known value).
Same with this deal ~ EPA could end up being ordered by a court to BUDGET A SUM SUFFICIENT TO BUY THE PROPERTY or shut up.
You have to watch what's going on in the court over the long haul to understand this order. I guarantee that at the moment the big EPA dogs are running all over each other in a panic. The Court didn't go beyond the narrow question of these folks getting a day in court ~ but EPA doesn't have any rules to allow that (meaning they'll need to produce them overnight), and, oh by the way, the court stripped their administrative fine authority right down to the bone.
Regarding the fines, they thought, for some reason, they could levy large fines. Turns out they can only levy smaller fines. That kills their ability to deal with certain types of targets ~ who will laugh at such petty fines!
Oil tankers?
Container ports?
Other government agencies? By law EPA can get in the way of everybody but the DOD and USPS when it comes to wetland preservation ~ and USPS says it will voluntarily comply anyway.
I suspect the Corps of Engineers are not going to like this at all.
great news, made my day!
Yep! It’s an ELECTION year so they “took one for the team” Now they can point: “seeeeeee the judges appointed by Obummer aren’t unreeeeeeeeaaaaaaasonable after all” to lull any awakening Obummer voters back into complacency.
You can bet that had this been Obummer’s 2nd term, it would have been 9-0 in the OPPOSITE direction!!!
Exactly! I live on a so-called wetland which was NOT disclosed to me prior to sale. Had I known in advance I would have NEVER purchased this property in a million years. BTW Realtors or the sellers seem to be under NO obligation to disclose that it’s on a so-called wetland. It’s buyer beware. This is NYS and you literally have to go down to the DEC to find out. They don’t have these records in the town/county clerks or tax maps office either.
Indeed, there are valuable marshland estuaries along the coasts and low lying lake areas. But, the majority are depressions in flat lands that naturally puddle during rain events or drainage ditches that have not been maintained by government agencies and subsequently run onto someone's private property. These are used as tools to legally inure or extort private citizens.
To understand the value of these smaller wetlands, just watch what happens to one of them when they are in the path of a municipal expansion, roadway or government development.
My trophy wife, who is usually quiet about these events, said that she hoped the couple, whose rights had been violated, successfully sue the individuals, who harrassed them, in civil court.
A friend of ours came over to our side about a decade ago. He had a small business complex south of town with a seasonal creek that sometimes over flowed into the parking lot for customers and renters and their employees.
His enviro sin was to put the round hay strands between the seasonal creek and his parking lot to divert the seasonal flooding from his parking lot.
The enviro terrorists got involved and claimed that he was violating the laws of nature and was keeping the red legged frog from breeding.
On my advise, he got a conservative lawyer who recommended some middle of the road eco experts to survey his land and parking lot, and the seasonal creek for Red Legged frogs and any signs that they had been there. These experts never found a single living/dead, bones or fossil signs of a red legged frog.
The lawyer bastards for the enviral terrorists claimed that his land looked like something the Red Legged Frog would like copulate on, have tad poles and live/thrive on, even though there was no proof of their theory.. He was fined and told to never use the hay diversion system anymore. They allowed him to keep his parking lot which became a wading pool after each fall/winter/rain.
Our friend at that time realized that the eco terrorists hated anyone who dared to build, farm, ranch or do anything on the dirt.
Our friend and his wife were from Green Vomit Oregone, and all of their relatives/friends still in Oregone were eco terrorists.
He had figured out that I had something to do with the anti enviro sign a group of freepers/we had put on I 5 north of Medford due to the bumper sticker I had on my OJ Simpson gas guzzler. At that time he thought that I was terrible and a possible terrorist. That changed when his ‘ox’ was gored by the Eco Terrorists.
Are you really that ignorant? Do you really believe that Scalia, Roberts, Alito and Thomas would all disregard the Constitution and the federal code in this case?
That's what I love about you is your vivid, colorful descriptors!!! (mile wide grin)
The newest “Green Industry” from Oregone and Washoutton are the phone scam operators with an 800 number pushing scams via their robo dialed 800 #’s.
You can access both the NYS and Federal wetland maps on the web and the Towns also have them.
Good thing I didn’t bank on it.
>$175,000 per day? Man that can really deplete your savings account real fast!
That Eighth Amendment thing is just so passé.
WHAT Amendment? O did away with all that legal “stuff”
>>You can bet that had this been Obummer’s 2nd term, it would have been 9-0 in the OPPOSITE direction!!!
>
>Are you really that ignorant? Do you really believe that Scalia, Roberts, Alito and Thomas would all disregard the Constitution and the federal code in this case?
The Constitution at least and likely the federal codes were violated in 1973 with Roe v. Wade; I have yet to see any US Supreme Court justice say that the decision was a gross overreach. (In fact, I would argue that Roe v. Wade is their Golden Goose, as it provides precedence for producing out of whole cloth unsanctioned revisions to the Constitution.)
Roe v Wade was a 9-0 decision?
Lordy, it’s good to see both of you on the same thread again!
Gramps, you have one awesome trophy wife. She’s very smart, too!
“Green Vomit Oregone”
That’s about right. lol That’s why we are building a home in a red state. You know...just in case. And, to protect my sanity. ;o)
“He had figured out that I had something to do with the anti enviro sign a group of freepers/we had put on I 5 north of Medford due to the bumper sticker I had on my OJ Simpson gas guzzler. At that time he thought that I was terrible and a possible terrorist. That changed when his ‘ox’ was gored by the Eco Terrorists.”
So...we did some good after all. That is so good to know.
It’s so good to see you! I’ve missed you!
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