Fresh off the presses, below is a link to the transcript from this morning’s Supreme Court hearing in the case of the Idaho landowners [Sackett] and the Environmental Protection Agency (EPA) in a case involving the EPA’s regulatory authority with the Clean Water Act. Needless to say, we are tracking this issues closely as it has major implications for the protection of wetlands and clean water.
In brief, the Sacketts are suing the EPA over a wetland determination on their property, and that a compliance order issued by EPA in the case should be immediately reviewable in a Court. Some of our good friends and allies are involved in this case including the Waterkeeper Alliance, Lake Pend Oreille Waterkeeper, Kootenai Environmental Alliance, Idaho Conservation League and Idaho Rivers United.
For significance, this case is extremely important for the EPA and their authority given the Clean Water Act. Terry Harris ,the Exexutive Director of Kootenai Environmental Alliance, has done an incredible job covering this case and I highly reccomend checking out his pieces titled “What The Priest Lake Wetland Case Is Actually About”, “In Wetlands Case, Sacketts Oppose Conservation Groups’ Supreme Court Brief” and “What We’re Reading – Sackett Wetland Case Preview Edition”
The New York Times editorial said it best in a piece on Sunday, “This case goes far beyond the Sacketts’ right to fill in their lot without a permit. If the Supreme Court allows them to seek pre-enforcement review, it will be handing a big victory to corporations and developers who want to evade the requirements of the Clean Water Act.”