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Wetlands on Trial

We recently came across this article in the April edition of the Land Report Newsletter and wanted to share it with you.

The U.S. Supreme Court is set to hear a case involving an Idahoan couple suing the Environmental Protection Agency (EPA) for judicial review of a compliance order they were issued in 2007.  In it, the EPA asserts that the couple was building their home on a federally recognized wetland in violation of the Clean Water Act.  The couple was faced with restoring the wetland or paying hundreds of thousands of dollars.

The question the Supreme Court is presented with is whether the couple has the right to judicial review of the compliance order.  In other words, do they have the right to challenge the order, or must they simply comply?

Photo courtesy of Colin Palmer

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