Posted on 01/10/2012 7:50:42 PM PST by WilliamIII
Yesterday the Supreme Court heard oral arguments in the case of Sackett v. Environmental Protection Agency. At issue is whether the EPAs use of administrative compliance orders, which are essentially government commands issued to property owners, should be subject to judicial review under the Fifth Amendment's Due Process Clause. In other words, when the EPA tells a homeowner to stop building because of a possible violation of the Clean Water Act, does that homeowner have the right to promptly challenge the EPA in court? As Robert Barnes observes in The Washington Post, Justices across the ideological spectrum appeared troubled by the EPAs position that Mike and Chantell Sackett do not have the right to go court to challenge the agencys wetlands decision. Barnes continues:
The government has said the EPAs power to issue compliance orders, with its threats of huge fines, is a way to quickly move to stop environmental damage. Allowing polluters to go to court would tie up the agency in litigation.
But several justices seemed to agree with the Sackettss lawyer, Damien M. Schiff of the Pacific Legal Foundation, that those subject to the EPA orders should not have to wait for the agency to decide whether to go to court.
(Excerpt) Read more at reason.com ...
What we need to do is to force Congress to define the penalties for each act against the Constitution, so if these bureaucrats are accused and convicted, there is no question of evading penalty. It should include fines on individuals, jail time, prison time and in extreme cases the death penalty, I suppose.
The lack of penalty for wrong doing is one reason, I believe, that we have such an out of control government.
This should be a unanimous decision reversing the Ninth Circus and ruling for the People over the bureaucrats. Hopefully, we get a broad ruling aimed at the all of the unelected minions in the federal government.
I had no idea, wow —I rollerblade and dive there all the time.
I sometimes played frisbee with some of the CG dudes there.
I’m so disappointed to hear this.
NOAA already has a large and fancy facility near the lighthouse on Asilomar, in the dunes near Spanish Bay.
The way they’ve decorated it with art you would NEVER guess they’re ecp storm-troopers, but then again maybe that’s the idea.
They took over the bottom floor of the dormitory last year, and some of the offices in the Comm center.
But they won’t be happy until they have the whole facility.
They are the most arrogant and anti-human ‘public servants’ I ever met.
“The EPA Had a Bad Day at the Supreme Court”
We can hope, one in a long string of bad days especially starting at the beginning of next year.
Some years ago the local municipal golf course was planning some alterations, and I played the course one day and got to see the pink flags sticking out of puddles. Well, maybe a big and persistent puddle along the edge of one fairway, but believe me it was no more than a puddle. Even so that pink flag made it a kingdom, unless I was seeing the whole thing wrong.
US Supreme Court Justice Scalia wrote the following commentary in his delivered Opinion for the case Printz v. United States (95-1478), 521 U.S. 898 (1997)
[My bold above]
Looks as if this is going to be another slap-down for the EPA and the greenazis infesting it!
It’s interesting that Breyer has qualms after being one of five liberal/swing votes in Kelo that gave government expansive powers. That didn’t work out too well, maybe he noticed.
If so, why not just fold those functions back into Interior and close EPA down ?
17,384 EPA employees on the bread line sounds fine to me .. (2010 numbers ,, probably at least 20% higher now)
Newt already has and does. He’s for abolishing it and creating something else (with new people) which has less control.
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