Natalie Johnson reports: The Supreme Court ruled Tuesday that landowners can appeal to a federal court when the government subjects their property to wetlands
regulations requiring additional permits.
“For more than 40 years, millions of landowners nationwide have had no meaningful way to challenge wrongful application of the federal Clean Water Act to their land.”
The unanimous ruling determined that the Clean Water Act “imposes substantial criminal and civil penalties for discharging any pollutant into waters” covered by federal regulations without a permit from the U.S. Army Corps of Engineers.
“They have been put at the mercy of the government because land covered by the Act is subject to complete federal control. This victory guarantees the rights of millions of property owners.”
— Principal Attorney M. Reed Hopper
The decision could weaken the Obama administration’s environmental agenda.
The Corps is in charge of assessing whether a landowner’s property contains “waters of the United States” or “navigable waters,” which are protected under the Clean Water Act. Read the rest of this entry »
Kimberley A. Strassel writes: When a government official (think Hillary Clinton) uses a private email account for government work (think Hillary Clinton) and then doesn’t turn over records (think Hillary Clinton), the public has to wonder why. For an example of that why, consider Thursday’s federal-court subpoena of Phillip North.
“Government workers don’t use private email because it is ‘convenient.’ They use private email to engage in practices that may be unsavory, or embarrassing, or even illegal.”
The North story hasn’t gotten a lot of attention, but it is a useful tale for clarifying exactly why we have federal records and sunshine laws. You see, government workers don’t use private email because it is “convenient.” They use private email to engage in practices that may be unsavory, or embarrassing, or even illegal. Let’s be clear about that.
“Records show that EPA officials, including Mr. North, had no intention of letting the process get that far. They set about to ‘pre-emptively’ veto the mine, before Pebble could even file for permits.”
Mr. North was, until a few years ago, a biologist at the Environmental Protection Agency, based in Alaska. Around 2005 he became enmeshed in reviewing the Pebble Partnership’s proposal to develop a mine there. Mr. North has openly admitted that he was opposed to this idea early on, and he is entitled to his opinion. Still, as a government employee his first duty is to follow the law.
“But for the EPA to so flagrantly insert itself into the process, it needed cause. This is where Mr. North and his private email come in.”
In the normal course of law, Pebble would file for permits and the Army Corps of Engineers would get the first say over approval. The EPA has a secondary role. But records show that EPA officials, including Mr. North, had no intention of letting the process get that far. They set about to “pre-emptively” veto the mine, before Pebble could even file for permits. But for the EPA to so flagrantly insert itself into the process, it needed cause. This is where Mr. North and his private email come in. Read the rest of this entry »