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HeyBub[_3_] HeyBub[_3_] is offline
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Default Supreme Court rules 9-0 against EPA over wetlands

Harry K wrote:
On Mar 21, 1:11 pm, Hell Toupee wrote:
On 3/21/2012 2:01 PM, HeyBub wrote:

Justice Alito: "The position taken in this case by the Federal
Government—a position that the Court now squarely rejects—would
have put the property rights of ordinary Americans entirely at the
mercy of Environmental Protection Agency(EPA) employees."


You can now have a wading pool in your backyard without worrying
over a $75,000/day fine.


http://volokh.com/2012/03/21/unanimo...les-in-favor-o...


The SC ruled that property owners have the right to contest the EPA's
ruling that their property falls under the Clean Water Act. They now
get to have their day in court. That's all this ruling gave them.


And a biggee it is. That case has gone on for a couiple years now at
least. It is almost in my back yard (only 50miles away). the back
story is couple buys vacant land, Starts to build house, Fills in a
low spot and flit hits the shan. EPA says it it wet lands. Owners
say it isn't but then have no right to haul EPA to court and make them
prove it is wet lands, EPAs word is thethe thaw and that ends
everything.

From day one, all the owners wanted was a day in court to make their
case.

I'm surprised it had to go to the Supremes before that decision was
made.

By the time it got there, the fines had built to astonomical levels.


In the majority opinion, Justice Scalia commented "Wet lands? The plaintiffs
in this case testified that they never once saw a boat or vessel cross their
property."