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http://freebeacon.com/issues/612721/
Supreme Court Deals Blow to Obama Administration’s Environmental Agenda
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BY: Natalie Johnson
May 31, 2016 1:59 pm
The Supreme Court ruled Tuesday that landowners can appeal to a federal
court when the government subjects their property to wetlands regulations
requiring additional permits.
The unanimous ruling determined that the Clean Water Act “imposes
substantial criminal and civil penalties for discharging any pollutant into
waters” covered by federal regulations without a permit from the U.S. Army
Corps of Engineers.
The decision could weaken the Obama administration’s environmental agenda.
The Corps is in charge of assessing whether a landowner’s property contains
“waters of the United States” or “navigable waters,” which are
protected under the Clean Water Act. If officials decide that those waters
fall under federal protections, the government will issue property owners
jurisdiction determinations, which require individuals to obtain permits to
use their own wetlands.
The Hill reported:
The key dispute in the Supreme Court’s case was whether a
jurisdictional determination carries legal consequences, a necessary
component in order for the decision to be a “final” agency action. The
Obama administration argued that since new information can change the
finding, it is not like final actions. But writing for the court, Chief
Justice John Roberts wrote that since the finding is definitive and binding
on federal government agencies, it satisfies the requirement.
Opponents of the Obama administration’s environmental policies hailed the
Army Corps of Engineers v. Hawkes Co. decision as a victory for property
rights and individual liberty.
“For more than 40 years, millions of landowners nationwide have had no
meaningful way to challenge wrongful application of the federal Clean Water
Act to their land. They have been put at the mercy of the government because
land covered by the Act is subject to complete federal control,” Principal
Attorney M. Reed Hopper of the conservative Pacific Legal Foundation said
in a statement Tuesday. “This victory guarantees the rights of millions of
property owners.” |
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