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Wednesday, March 21, 2012

EPA Smackdown by a unanimous Supreme Court

Credit, Washington Post
Well we were all waiting to see how the Sacketts of Idaho would be treated by our highest court, and we were all happy to see the Court support justice for the private property owner.  The EPA is out of control.  Just like the CARB in California, these environmental bureaucrats think they are above the law.  In this case though, the EPA is so arrogant they practiced the newly bureaucratized definition of justice to a landowner as , Hey, you can't even go to court to stop us!  Many of us say how could this be in America?  It is also prevalent in California law. Guilty until proven innocent.

HERE is the Reuters first article on the decision of the SCOTUS.  HERE is the Washington Post. HERE is CNN.  When you get nine for nine, the EPA and the Army Corp had better listen or heads will roll some say.  If it was a 5-4, the ACOE and the EPA can fudge and they do and they obfuscate the rulings on property rights.  Wetlands was settled (regarding "navigable waters") we all thought back in 2006-07 with their Rapanos decision.  But, the ACOE and the EPA among other agencies, found a way to still do their dirty deeds to private property owners all across the country (some Americans are in jail for filling holes on their own property).  I personally was affected  and I was shocked these agencies simply thumb their nose at the rules they decide they don't like.  In a land of laws, this is unacceptable and all the regulators should be fired and people who respect private property should be hired to replace them.

We know that won't happen and America's private property is still under the thumb of these federal lawbreakers.  If they had been in private business, they would have been fired or sued.  But in America, these faceless bureaucrats are immune from firing or lawsuit, at least on a personal level.  Maybe personal lawsuits would stop these rogue regulators.  Maybe not, these people running our agencies seem to be above the law.  I think we need to change things back to the citizen gets the benefit of the doubt first and after an investigation then let a court decide.  But in a very timely way.  We see these agencies string out these things until they bankrupt the private citizen then win by that tactic.  Disgusting.  Those bureaucrats should be canned and the people get reimbursed for their expenditures.  After a few of these perhaps the government would shape up.  Well, maybe.

HERE is Justice Scalia did the reading of his decision from the bench.  I am not sure this is a everyday thing, but thank you Justice Scalia for showing the respect these people from Idaho never received from the EPA.  Many people call them the new "brown-shirts" but I would call them the "green-shirts".  The end game is the same, the state crushes the individual.  This decision today at least may stem the crushing for a day or two.

PS.  Read Alito's concurring opinion for the best analysis of the overreach of the ACOE and EPA. He is a Patriot!

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