In 2005, Mike and Chantell Sackett purchased a small lot in Iowa (.63 acres) for $23,000. When they began to lay gravel on the land, which is located in a residential neighborhood, they were hit by an EPA compliance order informing them that the property had been designated a wetland under the Clean Water Act. They were ordered to stop grading their property and were told that they would face fines of up to $75,000 per day if they did not return the parcel to its original state. When the Sacketts attempted to contest the order, the agency denied their request for a hearing.
The case went to the Supreme Court, and in March, Justice Antonin Scalia, writing for the court, said that the Sacketts are entitled to appeal the EPA order, rejecting the agency’s claims to the contrary. “The [law’s] presumption of judicial review is a repudiation of the principle that efficiency of regulation conquers all,” Scalia said in the decision. “And there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into ‘voluntary compliance’ without the opportunity for judicial review — even judicial review of the question whether the regulated party is within the EPA’s jurisdiction.”
Scalia also noted that the Sacketts’ property bore little resemblance to any popular conception of a wetland, protected or not.
“The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years,” said Mr. Sackett. “As this nightmare went on, we rubbed our eyes and started to wonder if we were living in some totalitarian country. Now the Supreme Court has come to our rescue and reminded the EPA — and everyone – that this is still America.”
Read this post…the personal cost of big-government thuggery…for more on the Sacketts’ ordeal.
This is an important victory (although the Sacketts are not off the hook yet–the Court’s ruling was merely that they be allowed to challenge the EPA’s order, not that the EPA position be negated). But it is only a defensive victory, and the swamping envelopment of administrative tyranny against American citizens continues on many fronts. See for example this post: we are no longer governed, but we are ruled, which cites the case of an 85-year-old man whose water-purification-device business is being ruined by the DEA and its state equivalents, and a severely injured woman who was arrested while trying to pick up her prescribed painkiller.
Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.
The above is often attributed to George Washington: while he was probably not really the source of the quote it remains a true and important statement nonetheless. Living with what has historically been a fairly benign government, Americans have too often tended to forget the inherent dangers of overweening government power. There is a serious danger that we’re going to find out the hard way. Don’t think that what happened to the Sacketts, and to the other individuals mentioned in the other link, can’t also happen to you.
Monday was Memorial Day. People have fought in America’s military forces for a variety of reasons, but I’m confident that very few of them were fighting so that government officials could engage in the kind of bullying that was done to the Sacketts and continues to be done to Bob Wallace and Marjorie Ottenberg.
The EPA is under the President’s control. If we had a decent and competent administration, the case of the Sacketts would have almost certainly been resolved long before it had to be brought to the Supreme Court level. Should Obama win a second term, you can expect to see increasing numbers of Americans in every walk of life–maybe even yourself–crushed beneath the wheel of administrative tyranny.
Individual court victories such as Sackett v EPA are important, but true safety can be found only by breaking the back of the political philosophy which calls for unlimited and unending expansion in government’s role and powers.