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In an important victory for property rights nationwide, the U.S. Supreme Court ruled 8-0 on Monday that landowners have the right to seek judicial review of federal determinations which say that their properties contain “waters of the United States” subject to stringent regulations under the Clean Water Act.
The case of U.S. Army Corps of Engineers v. Hawkes Co., Inc. centered on a peat-mining business that has been prevented from using some of its property because the Army Corps of Engineers determined that the land in question contained federally protected wetlands. The Hawkes Co. disagreed with that determination and set out to challenge it in federal court. But the federal government maintained that judicial review was not an option for landowners at this stage under the Clean Water Act.
originally posted by: Arizonaguy
Ouch!!! That has to hurt the Obama regime....all 8? That's unheard of for such a politically charged case.
originally posted by: xuenchen
The Supreme Court has ruled that some heavy duty Executive Branch regulations are infringing upon private land owners.
A case where the government was attempting to restrict some private land use because the Army Corps of Engineers claimed the private land had federally protected wetlands.