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Supreme Court Reins in EPA Overreach
Reason ^ | 05.25.2023 5:14 PM | RONALD BAILEY

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 ...


TOPICS: Crime/Corruption; Government
KEYWORDS: 9thcircus; alito; cha; cleanwateract; cwa; epa; navigable; priestlake; property; propertyrights; scotus; water; watersoftheus; wetlands; wotus
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To: Warrington

We do a lot of mitigation here. You have to double the area of the abandoned wetland.


21 posted on 05/25/2023 6:39:07 PM PDT by Sacajaweau ( )
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To: E. Pluribus Unum
Now, look at the F_I. Plenty of reining in needed with that agency.
22 posted on 05/25/2023 6:58:35 PM PDT by Major Matt Mason (To solve the Democrat problem, the RINO problem must first be solved.)
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To: linMcHlp

Sorry, I’m so use to posting on Twitter where you just drop link and post.


23 posted on 05/25/2023 7:09:03 PM PDT by dragonblustar (Democrats groom then butcher children and call it gender affirming. )
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To: dragonblustar

Please do not be sorry; you did not do anything wrong.

I merely passed along an HTML tip.


24 posted on 05/25/2023 7:11:19 PM PDT by linMcHlp
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To: E. Pluribus Unum

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.


25 posted on 05/25/2023 7:15:37 PM PDT by minnesota_bound (Need more money to buy everything now)
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To: dragonblustar

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:

https://tinyurl.com/app


26 posted on 05/25/2023 7:15:38 PM PDT by linMcHlp
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To: linMcHlp

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!


27 posted on 05/25/2023 7:20:54 PM PDT by dragonblustar (Democrats groom then butcher children and call it gender affirming. )
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To: linMcHlp

Bkmk for later. Thanks !


28 posted on 05/25/2023 7:22:06 PM PDT by mabarker1 ( (Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress!!!)
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To: E. Pluribus Unum

Hurrah for our side. Of course Team Biden will just double down and look for ways around the ruling.


29 posted on 05/25/2023 7:34:56 PM PDT by buckalfa (Gut feelings are your guardian angels)
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


30 posted on 05/25/2023 7:43:27 PM PDT by bitt (<img src=' 'width=40%>)
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To: Hebrews 11:6

Thank you.


31 posted on 05/25/2023 7:48:53 PM PDT by vivenne
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To: E. Pluribus Unum

Thanks.


32 posted on 05/25/2023 7:49:13 PM PDT by vivenne
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To: Sacajaweau

Oh, thanks.


33 posted on 05/25/2023 7:50:49 PM PDT by vivenne
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To: E. Pluribus Unum; All

Another Federal agency that should be eliminated. Thanks Tricky Dick.


34 posted on 05/25/2023 11:27:54 PM PDT by Cobra64 (Common sense isn’t common anymore.)
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To: E. Pluribus Unum

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.


35 posted on 05/26/2023 1:17:45 AM PDT by Jumper ( )
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To: FrankRizzo890

Settled law....haha


36 posted on 05/26/2023 1:20:58 AM PDT by BRL
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To: E. Pluribus Unum

5-4 How is that unanimous???


37 posted on 05/26/2023 7:48:09 AM PDT by ridesthemiles
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To: ridesthemiles

The author of the article lied.


38 posted on 05/26/2023 1:12:47 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: Cobra64

Well, and GW for elevating them to cabinet level. 🙄 “Republicans”!


39 posted on 09/10/2023 6:33:19 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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