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Protect the Environment by Respecting Property Rights

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Published : January 19th, 2012
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( 35 votes, 4.6/5 ) , 5 commentaries
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Last week the Supreme Court heard arguments in Sackett v. EPA, a case of blatant federal agency overreach and abuse of private property rights. Without any proof or reason, and no chance for appeal, the Environmental Protection Agency determined that a small single home lot was a “protected wetland.” The owners, Mike and Chantell Sackett, were ordered to halt construction already underway, to remove all of the work already done, and plant trees and shrubs consistent with a wetlands environment. After making these costly changes, the Sackets then would have to wait several years for the EPA to decide if they would be allowed the use of their own property. Refusal to comply with these outrageous and arbitrary commandments would result in daily fines greater than the value of the property!


Outraged, the Sacketts sought relief through the courts, but court after court determined that they had no standing. The actions of the EPA were not subject to judicial review until a mountain of fees had already been assessed. This is just another example not only of how federal agencies wield enormous power over average citizens, but also how little practical protection our court system provides when such citizens are harmed by those agencies.


Constitutionally, when the government determines private property is needed for public use, it is taken through eminent domain. In that process the owner is due fair market value in compensation for any condemned property. The EPA not only refuses to compensate the Sacketts for effectively taking their land, they are assessing– or threatening to assess– ruinous penalties that greatly exceed the value of the land. They arrogantly claim the power to determine how certain property owners can use their land, while assessing fines or ordering actions that must be undertaken at the property owner’s expense. All of this is done at the administrative level, with no judicial oversight. In short, the EPA does not believe the Constitution applies to them.


A decision on this case is expected this summer. My fervent hope is that the Supreme Court will thwart this rogue agency and stand up for property rights and the right of people to have their day in court when they find themselves unwittingly accosted by the EPA.


My own district in Texas is no stranger to these issues. Again, with no evidence to support their decision, the EPA arbitrarily determined Matagorda County to be an “Ozone Nonattainment Region”, meaning the air quality is substandard. In fact, the population in this county has been decreasing and the small amount of emissions reported from Matagorda County has actually declined in recent years. The Texas agency charged with environmental protection disagrees with the EPA. Yet Matagorda County, like the Sacketts, finds itself at the mercy of the EPA. New business and construction will be stymied until the Washington masters are satisfied.


Unless Congress acts, EPA bureaucrats will continue to inflict potentially devastating economic consequences on communities like Matagorda County and people like the Sacketts. Destroying the economy is no way to save the environment. A thriving economy and a fair judicial system that respects property rights and the Constitution provide the best protection of the environment.

 

 

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Congressman Ron Paul of Texas enjoys a national reputation as the premier advocate for liberty in politics today. Dr. Paul is the leading spokesman in Washington for limited constitutional government, low taxes, free markets, and a return to sound monetary policies based on commodity-backed currency. He is known among both his colleagues in Congress and his constituents for his consistent voting record in the House of Representatives: Dr. Paul never votes for legislation unless the proposed measure is expressly authorized by the Constitution. In the words of former Treasury Secretary William Simon, Dr. Paul is the "one exception to the Gang of 535" on Capitol Hill.
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Since its creation in 1970 the EPA has done more harm than good. EPA regulations cost more than 5% of our annual gross national product - the equivalent of the costs of defense and homeland security combined. Since EPA regulations have expanded, unemployment in America has increased by 33%. This abuse of power by implemention of regulations infringes upon our basic constitutional rights. Rand Paul introduced the REINS Act This act is designed to increase accountability in the federal regulatory process. By opening the regulatory to public scrutiny, government agencies will be held accountable by all(ALL) American citizens. Not to those few nonelected autocrats serving for life, acting so to speak like little gods over us small minded souls. Just think of all those industries we sent packing out of the country: the smoke stack industry. They went to China, Japan, Korea, Asia the now soon and are now super powers. Their middle class are becoming what we use to be. China has become our envy.
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Since its creation in 1970 the EPA has done more harm than good.

Bull. Only someone without an understanding of how the real world works would argue something this stupid. Environmental laws have nothing to do with shipping industry to China. Ask your Republic party buddy, Mittens. Fish-barrel-republics.
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It's rare when I agree w/Jim C., but in this case, he's spot on. Mr. Paul would appear to have no problem whatsoever with an oil company poisoning your well water because they're drilling on their own property. Hello, once your water is polluted by fracking, how are you going to fix the problem? A lawsuit doesn't help clean the water, Paul. Perhaps he should speak with the property owners in PA whose water was ruined. It's stupid positions like these that will keep Liberals from ever pulling the voting lever for him.
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Absurdity is what you are about. There is a way which seemeth right unto man, but the end thereof are the ways of death. I`m into mining/refining precious metals and I don`t pollute. How are the environmentalists going to fix any problems except to cry wolf or mad dog, or the sky is falling or shout fire in a theater. They are not. Japan`s Fukushima nuclear site, or a water well? They aren`t. They just howl at the moon. Water hyacinth and Phytoremediation can be used to decontaminate soils, water, & air. Science got us here it will solve the problems. Japan Fuushima could have been avoided had they used Thorium(Th) as a fuel core material, thus making nuclear energy still very worthwhile for future use. Many water well company`s can pollute new wells by not cleaning their drilling bits. Does this mean that we shouldn`t drill for water because it can pollute? I guess we should all go green and enjoy Stoneage living the way you want us to. Sorry, no thanks I`m not going to start living in a cave and have what you have and that sounds like nothing. But enjoy the inventions that took us where we are today.
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Ron Paul's positions are not as clear cut as they appear. I agree wholeheartedly with this article and could leave it at that. But there is more beneath the surface of Ron Paul, much more.

Ron Paul is for individual rights -- property rights included -- or is he?

There are hints, and more than hints that his position on rights is qualified. In this Aug 11th Republican debate, Ron Paul said this in the context of State imposed mandatory heath care: "The Federal Government can't go in and and prohibit States from doing bad things." Below is the video debate. Paul's words come at approx 51.30 min into it.

http://www.2012presidentialelectionnews.com/2011/08/video-full-fox-news-republican-debate-from-ames-iowa/

Ron Paul is a State Rightists first and foremost. If a State decides to "do bad things (violate rights)" the Fed Government has no authority to prevent it. So Paul, if President, would ring his hands like Pontius Pilate and do nothing, if a state violate you or my rights. In that same debate Santorum and Bachmann argued that a State MUST abide by the rights enumerate in the Bill of Rights and the Fed Government's job is to see that States do so.

This reflects Ron Paul's criticism of Abraham Lincoln who prevented the South from leaving the Union with its slave system intact. Ron Paul would have let the South go.

Therefore Ron Paul's committment to individuals is a very qualified one.
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Absurdity is what you are about. There is a way which seemeth right unto man, but the end thereof are the ways of death. I`m into mining/refining precious metals and I don`t pollute. How are the environmentalists going to fix any problems except to cry w  Read more
Invention - 1/23/2012 at 5:36 AM GMT
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