Posted on 05/25/2023 5:51:08 PM PDT by E. Pluribus Unum
The U.S. Supreme Court in a 5–4 decision reined in the Environmental Protection Agency's (EPA) effort to impose extensive federal land use regulation through its broad interpretation of the Clean Water Act (CWA). The decision in the case of Sackett v. EPA turns on the question of the proper definition of the term "the waters of the United States" (WOTUS). Interestingly, all the justices concurred in the judgment that plaintiffs Michael and Chantell Sackett's property and actions were not covered by the CWA.
In the case, the Sacketts had purchased property near Priest Lake, Idaho, and began backfilling the lot with dirt to prepare for building a home. The EPA claimed that the property contained wetlands over which the agency exercised authority under the Clean Water Act which prohibits discharging pollutants into "the waters of the United States." The EPA threatened to impose a fine of $40,000 per day if the Sacketts did not desist.
The majority opinion written by Justice Samuel Alito noted that EPA bureaucrats had "classified the wetlands on the Sacketts' lot as 'waters of the United States' because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake." The EPA's ruling against the Sacketts was upheld in federal district court and the 9th Circuit Appeals Court.
(Excerpt) Read more at reason.com ...
We do a lot of mitigation here. You have to double the area of the abandoned wetland.
Sorry, I’m so use to posting on Twitter where you just drop link and post.
Please do not be sorry; you did not do anything wrong.
I merely passed along an HTML tip.
I watched a ‘This Old House’ episode where the home was next to a river and the homeowner was told by some local gov’t dept they could not develop the land from 100ft from the river..... It was just land with trees spaced apart. The home further up the hill. They were only allowed to remove what was considered evasive plants.
100ft of their property was off limits.
Using a handheld mobile phone, when viewing a FreeRepublic.com webpage . . .
If there is a large image or a lengthy URL address, the mobile phone browser will sometimes shrink-to-fit the entire webpage.
Result: The font size is so small, as to be unreadable.
If the URL address is long, but no place to cut off the extra un-needed characters of the URL address, I might use TinyURL.com:
Yep, I’m using my phone. One of the reasons why my spelling is so bad too. I use to post on a computer for years but I just gotten away from that. Many thanks!
Bkmk for later. Thanks !
Hurrah for our side. Of course Team Biden will just double down and look for ways around the ruling.
p
Thank you.
Thanks.
Oh, thanks.
Another Federal agency that should be eliminated. Thanks Tricky Dick.
I wonder what the damages, if any to homeowner, will cover $40,000 per day or such, for the delay of building a home within the original expected timeframe.
Adjoining is not Adjacent. This the essence of the ruling.
The homeowner is not adjoing nor adjacent in this case definition.
The EPA is given “cover” by the court for prior erroneously decided cases since the inception of the EPA dating back just over 50 years. We are a young Nation. America may yet survive the current illlegal DNC appropriations of the Federal Government Agencies.
Anyone with standing could challenge this DNC scope of exercise and judgements of the USG as a political entity of the DNC utilizing the difference between “undecided” Science, Anatomy, Pride, or delegation of Federal monies for programs that support DNC initiatives not confered by law.
Settled law....haha
5-4 How is that unanimous???
The author of the article lied.
Well, and GW for elevating them to cabinet level. 🙄 “Republicans”!
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