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.

JunkScience.com

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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Idaho Dream House – Supremes: EPA actions ‘outrageous’ | WND

The reality of the Sacketts’ situation is that they have been unambiguously commanded by their government not to complete their home-building project, to take expensive measures to undo the improvements that they have made to their land, and to maintain their land essentially as a public park until the property is ‘restored’ to the satisfaction of the EPA. They have been threatened with frightening penalties if they do not immediately obey; but they have been refused the prompt hearing they should have received as a matter of right in any court,” Pacific Legal argued.

via Supremes: EPA actions ‘outrageous’.