Obama will just give them eminient domain powers so the next case will tie-up the entire federal court system for thirteen years
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.