US Supreme Court rules unanimously against EPA, Clean Water Act not entitled to regulate without judicial review

3/21/12, "U.S. top court backs landowners, limits power of EPA," Reuters, James Vicini

"The justices unanimously rejected the government's position that individuals or companies must first fail to comply with an EPA order and face potentially costly enforcement action before a court can review the case.

The opinion by Justice Antonin Scalia was a victory for an Idaho couple who challenged a 2007 EPA order that required them to restore a wetland they had filled with dirt and rock as they began to build a new vacation home near Priest Lake. They were also told to stop construction on the home.

The couple, Chantell and Michael Sackett, denied their property had ever contained a wetland and complained they were being forced to comply with an order without a court hearing....

He (Scalia) said the Clean Water Act was not "uniquely designed to enable the strong-arming of regulated parties into 'voluntary compliance' without the opportunity for judicial review."" via Drudge



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