Mike and Chantell Sackett got into a fight with the federal government when the Environmental Protection Agency abruptly ordered them to give up the residential housing development ground they’d purchased for their home Near Priest Lake, Idaho. That was years ago.
The feds refused them permission even to contest the action, and so they ended up in the Supreme Court.
But back in the lower courts, the EPA still has been dictating the results of their case, a fight over the reach of the Clean Water Act and whether the government can control their land because it’s not far from the lake, and it appears now they’ll be heading back to the Supremes.
A report from eenews noted the 9th U.S. Circuit Court of Appeals, the most-overturned appeals court in the country, had sided again with the federal agency.
The 9th Circuit rejected the Sacketts’ arguments that EPA was mistaken in claiming their land contained wetlands.
The report said, “Today’s ruling cuts to the heart of a key legal dispute about the Clean Water Act: which opinion from the Supreme Court’s confusing 2006 Rapanos decision controls EPA’s definition of which wetlands and streams fall