My read on this is that, in large measure, the Supreme Court has kicked the can down the road on the real question of the relationship between unilateral bureaucracy actions vs. the individuals right to appeal to a court. In the face of increasing bureaucrat – ization of the country, the latter mater will no doubt rear it’s head soon. GE.
Who knew the Constitution applied to EPA?
The Associated Press reports:
The Supreme Court has sided with an Idaho couple in a property rights case, ruling they can go to court to challenge an Environmental Protection Agency order that blocked construction of their new home and threatened fines of more than $30,000 a day.
Wednesday’s decision is a victory for Mike and Chantell Sackett, whose property near a scenic lake has sat undisturbed since the EPA ordered a halt in work in 2007. The agency said part of the property was a wetlands that could not disturbed without a permit.
In an opinion by Justice Antonin Scalia, the court rejected EPA’s argument that allowing property owners quick access to courts to contest orders like the one issued to the Sacketts would compromise the agency’s ability to deal with water pollution.
“Compliance orders will remain an effective means of securing…
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