Changes
Jump to navigation
Jump to search
→Criticisms of EPA
'''EPA's Circumnavigation of Due Process and Judicial Review'''
[The Sacketts were building their own home when the EPA ordered them to stop ] "They requested a hearing before the EPA where they could challenge the agency's claim that their property was a wetland. The EPA refused, claiming property owners have no right to a hearing regarding compliance orders. Throughout this waiting process, the daily $75,000 fine continued to accumulate."
"However, they filed their own lawsuit in federal court, arguing that the Administrative Procedure Act entitled them to a hearing before a judge. Yet the Sixth and Fourth Circuits rejected any possibility of judicial review. Is this not a complete violation of the separation-of-powers principle? These circuit courts essentially handed the EPA free rein over innocent Americans and their private property. Our government was literally telling the Sacketts that in the US, you are free--unless the EPA decides to get involved, at which point your right to due process and private property becomes null and void."
