Following the Supreme Court’s decision in U.S. Army Corps of Engineers v. Hawkes, in which justices unanimously determined that wetlands decisions can be challenged by property owners in court, FreedomWorks Director of Legal Affairs Curt Levey commented:
“We applaud the Supreme Court’s unanimous decision today affirming the right of property owners to challenge federal bureaucrats’ assertion of regulatory authority over their land.”
“In particular, the decision is a rebuke of the Army Corps of Engineers and the Environmental Protection Agency, which have run amok by claiming authority under the Clean Water Act over any property that is sometimes wet by classifying it as one of the ‘waters of the United States.’ Even more outrageously, these bureaucrats claim, as they did in this case, that their assertion of regulatory jurisdiction cannot be challenged in court. Today’s decision ends their attempt to escape accountability.”
“The Hawkes decision will have far reaching consequences because the precedent it sets reaches across the federal regulatory state, forcing accountability on the myriad bureaucrats who have become increasingly aggressive in asserting authority over people’s property, small businesses, and lives. The precedent is all the more powerful because it was joined by all eight of the Court’s justices.”
“Moreover, the Supreme Court’s unanimous decision in this important case demonstrates that the Court is functioning well with eight justices, thus undercutting the argument of President Obama and Senate Democrats that filling Justice Antonin Scalia’s seat can’t wait until the American people weigh in this November.”
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