Constitutional right of due process at stake in EPA case

Published January 9, 2012 5:00am ET



Oral arguments were heard Monday by the U.S. Supreme Court in Sackett v. Environmental Protection Agency, a potentially landmark case. The justices will determine whether the bureaucratic convenience of a federal agency supercedes due process, the fundamental individual liberty guaranteed to every American citizen by the Constitution. The case presents such a clear-cut choice about what it means to be an American that it will be a deadly blow to political liberty if the justices decide for the bureaucrats against individual Americans. Here are the basic facts of the case, as described in The Washington Examiner’s Jan. 8 Sunday Reflection by Mark Hyman: “In 2005, Chantell and Michael Sackett purchased less than two-thirds of an acre of land near Priest Lake in northern Idaho for the modest sum of $23,000. They were nearby small-business owners and wanted to become homeowners. They planned to build a three-bedroom home. The property was located in a platted residential subdivision with water and sewer hookups and was bordered on either side by existing homes. There were community roads in both the front and back of the property.

“The couple was savvy enough to have conducted regulatory due diligence before they purchased the land. The previous owner informed them he had consulted the U.S. Army Corps of Engineers regarding any building restrictions. There were none. After buying the property, the Sacketts applied for and received all of the pertinent local permits to build a residential dwelling as local zoning ordinances permit. In the spring of 2007, they began preparing the lot for construction.”

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.