Skip
to main content: Latino/SBC/Fox Business (Home/Slideshow/Interactive: Fox
News/SBC/Latino/Fox Business)

Skip
to main content: Fox News/Fox Business (Article Page: Fox News/SBC/Latino/Fox
Business)

Fox News Digital Network

Fox News

Fox Business

uReport

Fox
News Radio

Fox News Latino

Fox Nation

Fox News Insider

Register

Login

Account

You're logged in as Account

Edit
Profile

Logout

Wednesday, April 7, 2010 as of 11:14 AM ET

Search Site

On
Air Now » Anchors and Reporters
»

Home

Video

Politics

U.S.

Opinion

Entertainment

SciTech

Health

Travel

Leisure

World

Sports

On
Air

Previous
Slide Next
Slide

Special
Report

Weekdays 6p et

Fox
Report

Weekdays 7p et

The O'Reilly
Factor

Weekdays 8p et

Hannity

Weekdays 9p et

On The
Record

Weekdays 10p et

America
Live

Weekdays 1p et

America's News
HQ

Weekends 12p et

America's
Newsroom

Weekdays 9a et

The Cost of
Freedom

Saturday 10a et

The
Five

Weekdays 5p et

Fox &
Friends

Weekdays 6a et

Fox News Sunday

Sunday 2p et

Fox News
Watch

Saturday 2:30p et

Geraldo at
Large

Weekends 10p et

Happening
Now

Weekdays 11a et

Huckabee

Saturday 8p et

The Journal Editorial
Report

Saturday 2p et

Justice
with Judge Jeanine

Saturday 9p et

Red Eye w/
Gutfeld

Weekdays 3a et

Studio
B

Weekdays 3p et

War
Stories

Saturday 2a et

Your World
Cavuto

Weekdays 4p et

Politics Home

Elections

Executive
Branch

U.S. Senate

House of
Representatives

State &
Local

Courts

Pentagon

Business
Of Health Care

Courts - POLITICS

Supreme Court sides with Idaho property
owners over EPA

Published March 21, 2012

| FoxNews.com

Print

Email

Share

Comments

Recommend

Tweet

WASHINGTON –  The Supreme
Court has come forcefully down on the side of an Idaho couple in its fight
against the Environmental Protection Agency, unanimously ruling Wednesday that the couple can challenge an
EPA order to stop construction of their home on property designated a
wetland.

Mike and Chantell Sackett bought their land near a scenic lake for $25,000,
but when they decided to build a property there in 2007, the EPA ordered a halt,
saying the Clean Water Act requires that wetlands not be disturbed without a
permit.

They've been fighting for the right to challenge the decision in court for
several years, and facing millions of dollars in fines over the land.

The couple complained there was no reasonable way to challenge the order, and
noted they don't know why the EPA concluded there are wetlands on their lot,
which is surrounded by a residential neighborhood with sewer lines and
homes.

In an opinion written by Justice Antonin
Scalia, the court ruled the EPA cannot impose fines that could be as much as
$75,000 a day without giving property owners the ability to challenge its
actions.

The ruling allows the couple to challenge the EPA head-on in court, but the
real battle begins now. The case has brought attention to the EPA's reach. While
the court only allowed a challenge to be brought, in a concurring opinion,
Justice Samuel Alito noted that the law allowing EPA to demand compliance is
overly broad.

"The reach of the Clean Water Act is notoriously unclear. Any piece of land
that is wet at least part of the year is in danger of being classified by EPA
employees as wetlands covered by the act, and according to the federal
government, if property owners begin to construct a home on a lot that the
agency thinks possesses the requisite wetness, the property owners are at the
agency's mercy," Alito wrote.

"The court's decision provides a modest measure of relief," he added. "But
the combination of the uncertain reach of the Clean Water Act and the draconian
penalties imposed for the sort of violations alleged in this case still leaves
most property owners with little practical alternative but to dance to the EPA's
tune. Real relief requires Congress to do what it should have done in the first
place: provide a reasonably clear rule regarding the reach of the Clean Water
Act."

The couple, which termed the battle "David versus Goliath," has earned
support from several lawmakers who want to reduce the grasp of the EPA on
private property. Reps. Raul Labrador, R-Idaho, Sen. Rand Paul, R-Ky., and Idaho
Republican Sens. Mike Crapo and Jim Risch, all joined the Chantells and other
couples in a forum last fall about limiting EPA authority.

Labrador congratulated the Sacketts after the ruling.

"The federal government is an intimidating force against ordinary citizens,
and standing up to its bureaucracy requires extraordinary bravery. Thanks to the
unwavering courage and selfless sacrifice of the Sacketts, Americans everywhere
will be guaranteed the right to appeal a decision imposed by a government
agency. Their victory also safeguards individual property rights against the
encroachment of the federal government, a fundamental assurance of our
Constitution," he said.

Related Video

Alaska
Gov. Comes to Aid of Idaho Couple Against EPA

Gov. Sean Parnell on EPA regulations

Related Video

Supreme
Court backs landowners in fight with EPA

EPA declared property 'wetlands,' threatened couple with
massive fine

Related Video

Power
Play: Green Energy/Ryan Budget

Congressman Paul Tonko (D-NY)discusses rising gas prices,
alternative energy and Paul Ryan's budget.

Print

Email

Share

Comments

Recommend

Tweet

View
Article

You must login to comment.

View
Article

Advertisement

Latest Politics Videos

Obama
responds to killing of Florida teen

Candidates
appeal to voters ahead of Louisiana primary

More Politics Videos
›

FOLLOW FOX
NEWS POLITICS

View All Polls

Business of Health Care

Looking
at ObamaCare Two Years In

CVS
To Shut Down All 25 Beauty 360 Stores -WWD

GlaxoSmithKline
Buys 120,000 Own Shares To Hold In Treasury

More ›

Trending In Politics

1

Louisiana
oil companies decry 'abusive' rash of lawsuits, say industry
hurting

2

Police
to ignore California impound law amid concern of fairness to illegal
immigrants

3

Obama
calls Florida shooting death 'tragedy,' says his son would 'look like
Trayvon'

4

Terrible
Two for Obama Health Law

5

Call
for change: Lawmakers push bill to switch to $1
coin

See all
trends

Real Clear Politics Poll

Job Approval

Approve

Disapprove

Spread

Obama

47.0%

46.9%

+0.1%

Congress

11.8%

81.5%

-69.7%

Direction of Country

Right Direction

Wrong Track

Spread

RCP Average

31.0%

60.7%

-29.7%

Advertisement

Chinese Gangster's Stolen Cell Phone Photos Go Viral

Six Years After Wife's Death, Washington Man Charged With
Murder

WATCH: Did A Ghost Make This Box Of Fruit Roll-Ups Jump 18
Feet?

WATCH: 800-Pound Paper Airplane Takes Flight

Bride Postpones Wedding So Pet Lizard Can Get Chemo

Occupy Protester Fishes For Cops With Donuts

The White House Fully Embraces "ObamaCare"

Obama: "If I Had A Son He'd Look Like Trayvon"

At The Gun Range, Santorum Is Told To "Pretend It's Obama"

Democrats Have No Fear Of Romney

The Rich Get Richer in Social Gaming: Zynga Buys OMGPOP

5 Surprisingly Smart Ways to Blow $1,000 of Your Tax Refund

The 'Secret' American Laws You Have to Pay to See

The Best Reason to Bank Locally: Better Deals

3 Ways the Video Game Business Could Bounce Back

Week
Ahead: Health-Care Law Goes To the Supreme Court

Fed's
Lockhart Backs Holding Policy Steady

Tarullo:
Fed To 'respond' To Deutsche Capital Move

In
U.S. Cities, Unemployment Rate Easing

U.S.
Student Loan Debt Tops $1T

How
the New Form 1099-K Works for Small Business Owners

What
Small Businesses Are Saying on the Two-Year Anniversary of ObamaCare

Helping
Businesses Stand Out from the Crowd

Is
Patent Protection a Thing of the Past?

Why
Women Make Better Bosses

Corona
Hits Hat Trick as US Beats Cuba

Chávez
& Opponent Tied, Poll Says

Deportation
Delayed of Mexican Gay Man

Trayvon
Martin Never Picked a Fight

Ultra
Music Festival: Miami Madness for Madonna & Afrojack

Illegal
Jobs (Airs this Sunday at 5am & 3pm ET on FNC)

What's
in all the laws?

What
Is Fair?

No,
They Can't!

What
Is Fair? (Tonight at 9PM on FBN)

Sections

Home

Video

Politics

U.S.

Opinion

Entertainment

SciTech

Health

Travel

Leisure

World

Sports

Weather

Shows

America Live

America's
News HQ

America's
Newsroom

Cavuto

Fox News Sunday

Fox &
Friends

Fox
& Friends Weekend

Fox News
Watch

Fox
Report

Geraldo at
Large

Greta

Hannity

Happening Now

Huckabee

Justice with
Judge Jeanine

Red Eye w/
Gutfeld

Special Report

Specials

Studio B

The Cost of
Freedom

The Five

The Journal
Editorial Report

The O'
Reilly Factor

War Stories

Tools

Trending

uReport

Newsletters &
Alerts

Blogs

Mobile

Podcasts

Radio

Fox News Store

Apps & Downloads

About

Careers

Internships -
FNCU

Fox
Around the World

Advertise With
Us

Terms
of Use

Privacy
Policy

Ad Choices

Contact Us

Email Newsroom

FAQ

Media
Relations

Follow

Facebook

Twitter

YouTube

RSS

Newsletters

This material may not be published, broadcast, rewritten, or
redistributed. ©2012 FOX News Network, LLC. All rights reserved. All market
data delayed 20 minutes.