Supreme Court deals Biden’s Green agenda a huge blow: Justices block environmental POWER GRAB
Supreme Court gives Biden’s green agenda a HUGE BATTLE: Judges slam environmental protection agency FORCE GRAB and regulatory body oversees water pollution
- Judges said EPA bureaucrats were wrong to block a couple’s dream home
- Justice Samuel Alito said the regulator got the law wrong when issuing the dictation
- It comes amid Joe Biden’s green crackdown on “polluting” home appliances
The U.S. Supreme Court dealt Joe Biden’s “Green Agenda” a massive blow Thursday after judges blocked a power grab by the country’s environmental regulator.
Judges ruled that the Environmental Protection Agency improperly issued a dictate to an Idaho couple forcing them to halt construction on their dream lakeside home.
EPA writers Michael and Chantell told Sackett that their property, some 300 feet from Priest Lake, could not be built on what they called protected wetlands.
They also threatened massive fines of more than $40,000 a day for violations of U.S. federal environmental law if they disobeyed their orders.
The Sackett family has been ordered to halt construction on their dream lakeside home in Idaho
The case revolved around whether environmental regulators had misinterpreted the Clean Water Act of 1972 and the definition of protected wetlands
Samuel Alito said the agency misunderstood the Clean Water Act and acted illegally when it sent the warrant to the Sackett family.
“The wetlands on the Sackett property are distinguishable from potentially covered bodies of water,” he wrote, because they are not directly associated with them.
Alito wrote that protected wetlands must have a “continuous surface connection to that water, making it difficult to determine where the water ends and the wetland begins.”
He argued that the EPA’s interpretation was too broad, too difficult to enforce and too “uncertain” for property owners.
Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett supported Alito’s opinion, while four disagreed with his ruling.
Justice Elena Kagan, a liberal, lamented how it would hinder the EPA’s ability to fight climate change.
“The vice is the same in both cases: the Court’s appointment of itself as the national decision-maker on environmental policy,” she wrote, joined by liberal justices Sonia Sotomayor and Ketanji Brown Jackson.
While disagreeing on the broader legal points, all the judges said the EPA was at fault with the couple who brought the case.
The ruling will be a boost to farmers, home builders and other developers who can more easily obtain building permits.
Damien Schiff, an attorney for the Sacketts, said the ruling would “reduce the scope of the Clean Water Act to its original and proper limits.”
He said it was “a great victory for property rights and the constitutional separation of powers.”
West Virginia GOP Attorney General Patrick Morrisey said he was “gratified that the Supreme Court ruled in a way that makes the state’s land and water less subject to the whims of unelected bureaucrats.”
Senator Joni Ernst, a Republican representing Iowa, also praised the ruling.
“The federal government does not have the authority to impose blanket jurisdiction over pools, bodies of water and wetlands on behalf of Biden’s ever-changing climate agenda with vague, overly far-reaching rules,” she said.
The Biden administration has launched a green crackdown, considering a ban on the sale of traditional gas stoves and demanding stricter emissions regulations for other home appliances
Biden later issued an angry statement, lashing out at the court for a decision that “defies science.”
And the commander-in-chief made a thinly veiled threat that his government would look for loopholes in the ruling for officials to ignore.
“My team will work with the Justice Department and relevant agencies to carefully review this decision and use every legal authority we have to protect our nation’s waters for the people and communities that depend on them,” he said.
It also follows a move last year the court’s conservative majority to limit the EPA’s authority to curb power plant emissions.
The battle over what constitutes a wetland has raged for decades, with both the George W. Bush and Barack Obama administrations issuing regulations on the subject.