Mike and Chantell Sackett, and others in their situation, now have the right to challenge rulings made by the Environmental Protection Agency about what is a wetland. The Sacketts have been in a four-year battle with EPA over the government’s claim that the land on which they planned to build a home contains sensitive wetlands. The Supreme Court, earlier this week, said the Sacketts and others have a right to challenge EPA
It has been estimated that EPA annually makes approximately 15-hundred administrative compliance orders to halt what it considers to be environmental damage. Ashley Lyon McDonald, deputy environmental counsel for the National Cattlemen’s Beef Association, calls the ruling – a win for private property owners – that should serve as a cautionary lesson for EPA officials.
The ruling did not define precisely what constitutes a wetland, a definition that has been muddied by Supreme Court decisions in 2001 and 2006.