Justice Alito Fired Up in Case Pitting Property Owners Against EPA

ABC News

By Ariane de Vogue

Comment by Jim Campbell

The continued overreach of this unelected agency continually circumvents the congress and  the Constitution  The EPA has been used as one of Obama’s tools to play to the fools among the environmental lemmings that in some way CO2 is tied to “man-made climate change.” 

Supreme Court Justice Samuel Alito

Will anybody be shocked when this administration is reduced to about 4 people with pencils and blunt nosed scissors?  I won’t.  That’s my story and I’m sicking to it, I’m J.C. and I approve this message. 

Justice Samuel Alito seemed none too pleased last week with the government’s argument in a case pitting property owners against the Environmental Protection Agency. (Please click here to listen to Justice Alito’s disgust.)

Four years ago, Mike and Chantell Sackett bought property to build their dream home near a lake in Idaho. After obtaining local permits the Sacketts began work, pouring in some land fill. But their work came to a screeching halt when they were visited by officials from the Environmental Protection Agency. The couple was slapped with a compliance order asserting that the land is subject to the Clean Water Act and that they had illegally placed fill material into protected wetlands on their property.

A violation of the compliance order could cost the Sacketts tens of thousands of fines per day. They sought to challenge the EPA’s finding in court, but were told that they needed to go through a permitting process first, and only after the EPA moved to enforce the order could they seek judicial review.

In court Deputy Solicitor General Malcolm L. Stewart — arguing on behalf of the EPA — stressed the couple could have been in contact with federal officials before beginning work and before the compliance order was issued.

“All we’re saying is they can’t discharge fill, wait to see whether EPA notices, and then insist upon immediate judicial review if EPA notices and objects. ”

But Damien M. Schiff, a lawyer from the conservative Pacific Legal Foundation who is representing the Sacketts, said that their world had been turned upside down.

Justice Alito seemed to agree. Listen to this heated exchange with the government lawyer:


(To listen to the entire argument follow this link: www.supremecourt.gov)

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3 thoughts on “Justice Alito Fired Up in Case Pitting Property Owners Against EPA

  1. I applaud this couple and their strength to fight the EPA. The EPA is fast becoming an agent of Obama and reaching far beyond its area. The things and charges they did against this couple and their land shows the EPA is totally out of control. They have taken the Obama way of doing things, our way or no way. I hope the Supreme Court takes them down and rights this wrong asap.

  2. E.P.A. MUST be muzzled if America’s economy is to EVER recover.

  3. Justice Alito is right. Since when do we have to have the permission of the EPA to build on our own land. This EPA needs to be abolished along with about 80 percent of the other federal bureaucratic agencies that behave in fascistic ways. It is time to return to Constiutional Republican form of government and get rid of this Totalitarian USSR Type government we now have.

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