Years after Supreme Court win, Sacketts lose fight with EPA

Ariel Wittenberg, E&E News reporter Greenwire: Wednesday, April 3, 2019

After winning the right to challenge EPA enforcement orders in a major 2011 Supreme Court ruling, Michael and Chantell Sackett have lost their case.

A U.S. District Court for the District of Idaho judge ruled that the wetlands the couple are accused of illegally filling were indeed protected by the Clean Water Act.

"The Court finds the EPA's determination was not arbitrary or capricious and is supported by the record," Reagan appointee Judge Edward Lodge wrote in a ruling on summary judgment last week. Tony Francois, an attorney at the Pacific Legal Foundation representing the Sacketts, indicated his clients would appeal the case.

"The Sacketts are disappointed in the ruling, but relieved that this phase of the case, involving a more than three-year wait for a decision from the court, is finally complete," Francois said in a statement. "We think there are several legal errors in the district court's decision, and will be filing an appeal."'

At issue was an administrative compliance order issued in 2007 against the Priest Lake, Idaho, couple for filling in wetlands on their land without a permit. ........To Read More.....