PLF and the Sacketts: an important win at the Supreme Court
Sackett v. U.S. Environmental Protection Agency
Contact: Damien M. Schiff
Status: The U.S. Supreme Court issued an unanimous decision in favor of the Sacketts on March 21, 2012. The judgment is reversed and case is remanded back to the district court.
Summary: In an unanimous opinion, the Supreme Court rules that landowners have a right to direct, meaningful judicial review if the EPA effectively seizes control of their property by declaring it to be "wetlands."
The Court rules in favor of PLF clients Mike and Chantell Sackett, of Priest Lake, Idaho, who were told by EPA -- and by the Ninth Circuit -- that they could not get direct court review of EPA's claim that their two-thirds of an acre parcel is "wetlands" and that they must obey a detailed and instrusive EPA "compliance" order, or be hit with fines of up to $75,000 per day.
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