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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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