September 30, 2011, Juneau, Alaska - The State of Alaska filed a brief today supporting the right of property owners to have access to the courts for meaningful judicial review of arbitrary federal compliance orders. The state filed the brief with the U.S. Supreme Court at the direction of Governor Sean Parnell and Attorney General John Burns. Several other states from all parts of the country signed onto the brief with Alaska.
The brief supports Mike and Chantell Sackett of Idaho. The Sacketts were ordered to halt construction of their home after the EPA claimed the 0.63 acre lot was a wetland subject to EPA’s regulation under the Clean Water Act. When the Sacketts tried to get a court to review whether the EPA had jurisdiction, the Ninth Circuit Court of Appeals said the case wouldn’t be ripe for judicial review until after the Sacketts restored their lot to its original condition and after the Sacketts sought permitting under the Clean Water Act through a long and expensive process.
Governor Parnell asserts that the Ninth Circuit’s position that the EPA can wield such unchecked power is wrong.
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3 comments:
Governor Parnell is correct. Since these EPA scum are not elected by the people, the state governments should start denying them permission to operate in the states. That should go for the TSA and any other group.
What kills me about the EPA is it's usually OK to pollute if you pay a fee or mitigate it in some way but if you fail to get a permit look out.
HOpe that becomes a law! We NEED to be able to counter some of the BS compliance stuff...
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