Agricultural News
Supreme Court Sides With Landowners Against EPA; Farm Bureau Responds
Thu, 22 Mar 2012 17:56:21 CDT
The U.S. Supreme Court has issued a landmark ruling favoring landowners over the enforcement power of a federal government agency. In a unanimous decision in Sackett v. EPA, the court said an Idaho couple can sue to challenge a compliance order issued by the Environmental Protection Agency against their property under the Clean Water Act.
The ruling was hailed by many as a David v. Goliath victory.
At issue in the case was a home site purchased by Mike and Chantell Sackett near Priest Lake in Idaho in 2007. The property did not border the lake and was surrounded by other homes. The Sacketts received a building permit from the county. They had spent three days hauling fill dirt to the lot in preparation for construction when officials from the EPA and the Army Corps of Engineers ordered a halt to the work. The reason? The EPA suspected the property was a wetland. Six months later the Sacketts received a compliance order requiring them to return the property to its original condition or face astronomical fines.
The Sacketts attempted to appeal the compliance order and filed suit against the EPA. Lower courts sided with the EPA, basically agreeing that the agency's decisions were above review.
The Supreme Court saw the case differently and ruled the Sackett's case against the EPA can go forward on its merits.
Bob Stallman, president of the American Farm Bureau Federation responded quickly to the news:
"The American Farm Bureau Federation is pleased with the Supreme Court's unanimous decision on behalf of property owners in Sackett v. EPA. AFBF filed amicus briefs in the case to educate the court about the legal and on-the-ground consequences of Environmental Protection Agency Clean Water Act policies.
"The Sacketts' homebuilding was halted by EPA in 2007 based on the agency's assertion that the Idaho couple's home site was a wetland. Although the couple believed their land was not a wetland, they were denied any opportunity to challenge EPA's 'compliance order' and faced up to $37,500 per day in potential fines until the matter was settled. Today's decision vindicates the rights of landowners like the Sacketts to challenge EPA compliance orders that improperly assert jurisdiction over their land. The decision gives landowners like the Sacketts their day in court, overriding the position taken by EPA and many prior courts that have denied them that right.
"We agree with Justice Alito's concurring opinion that the federal government has too often 'put the property rights of ordinary Americans entirely at the mercy of the Environmental Protection Agency's employees.' We also agree with Justice Alito that, while allowing landowners to sue is a start, Congress needs to clarify the reach of the Clean Water Act.
"Farm Bureau is optimistic that today's decision will help curtail EPA's efforts to illegally expand its regulatory jurisdiction over farming and other land-based activities. At the very least, landowners have another tool to hold EPA accountable."
The Supreme Court's ruling is relatively short and can be read by clicking here.
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