Go to court to get hearing in front of neutral judge
By Bob Unruh May 6, 2023
A Colorado couple fined by the EPA for getting rid of invasive weeds on their own property is challenging the decision – because the agency proposed the fine which was then affirmed by one of its own employees. The case cites the right to have an adjudication by a neutral court in such disputes – not merely a rubber stamp by an employee. The lawsuit was filed by Thomas and Amy Villegas after the EPA wanted to fine them $300,000 for removing debris and weeds from their own land. The Pacific Legal Foundation explained the Villegases bought a piece of undeveloped land in Nebraska that they planned to use for hunting and other outdoor recreation. "When they began the process of removing the downed trees and invasive Phragmite weeds, a neighbor reported them to the EPA. The EPA claimed that these activities discharged pollutants — namely dirt and other fill material — into protected waters, filed an administrative enforcement action against the Villegases, and hauled them in front of an agency administrative law judge to seek a $300,000 fine," the legal organization explained. "The Constitution guarantees a fair hearing before a neutral, life-tenured federal judge before the government may deprive citizens like the Villegases of hundreds of thousands of dollars in fines," said Damien Schiff, senior attorney at Pacific Legal Foundation. "But the Villegases were denied that right when the EPA chose to prosecute them in an in-house tribunal before an unaccountable administrative law judge who works for the agency."..............To Read More...
My Take - This is another example of how these unaccountable agencies abuse their discretion. You may wish to view my Sackett File. My Friend Dr. Jay Lehr, one of the founders of EPA, said they'd not done anything worthwhile since 1980 and needed to be dismantled. Dismantled, since there's no possible way to fix it, and he put together a five year plan on how to do it.
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