Supreme Court appears sympathetic to Idaho couple in 4-year battle with EPA

[Valin]

Washington Post:

Robert Barnes
1/9/12

Conservative members of the Supreme Court seemed outraged Monday by the Environmental Protection Agency’s actions in a four-year battle with an Idaho couple who want to build a house on land the EPA says contains sensitive wetlands.

Justices across the ideological spectrum appeared troubled by the EPA’s position that Mike and Chantell Sackett do not have the right to go court to challenge the agency’s wetlands decision.

(Snip)


A satellite image of the property under dispute.

“If you related the facts of this case . . . to an ordinary homeowner, don’t you think most ordinary homeowners would say this kind of thing can’t happen in the United States?” Alito asked Deputy Solicitor General Malcolm L. Stewart, who was representing the EPA.

(Snip)