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Eugene

(61,900 posts)
Wed Mar 30, 2016, 04:03 PM Mar 2016

Supreme Court sympathetic to property owner in wetlands dispute

Source: Reuters

World | Wed Mar 30, 2016 2:45pm EDT

Supreme Court sympathetic to property owner in wetlands dispute

WASHINGTON | BY LAWRENCE HURLEY

The U.S. Supreme Court on Wednesday appeared likely to rule that property owners can challenge the federal government in court over the need for permits under a national water protection law in a case involving a company's plans for a Minnesota peat mine.

The court heard a one-hour argument in a case balancing property rights and environmental law, in this instance the landmark 1972 U.S. Clean Water Act. A majority of the eight justices appeared sympathetic toward North Dakota-based Hawkes Co Inc, which is fighting an Obama administration finding that its property includes wetlands.

The law mandates that property owners get permits in such situations.

Whether a particular plot of land falls under the law's jurisdiction is important to developers and other property owners because such a finding triggers a lengthy and expensive permitting process.

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Liberal and conservative justices alike expressed concern about the current arrangement's burden on property owners.

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Read more: http://www.reuters.com/article/us-usa-court-water-idUSKCN0WW22D

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Supreme Court sympathetic to property owner in wetlands dispute (Original Post) Eugene Mar 2016 OP
Not so much "Liberal and Conservative justices" as "Pro-Corporation justices" Nihil Mar 2016 #1
 

Nihil

(13,508 posts)
1. Not so much "Liberal and Conservative justices" as "Pro-Corporation justices"
Thu Mar 31, 2016, 07:28 AM
Mar 2016

> Liberal and conservative justices alike expressed concern about
> the current arrangement's burden on property owners.

i.e, there is little difference between the two when it comes to prioritising
business interests above all else.


> ... a lengthy and expensive permitting process

And that's precisely what it should be.

The reason for the law is to PROTECT the water & the wetlands, not to
pay lip-service to environmental issues and just let the industries pollute
at will, even if there is a minimal fee to be paid from petty cash.

Let's face it, this particular case really shows the court's priorities:
> a company's plans for a Minnesota peat mine.

Deliberately extracting peat - either for burning or for petty gardening.
Just why the fuck should they be allowed to make a profit from
destroying the planet?

And these "liberal and conservative justices" are concerned about the
impact on the exploiters bottom line?


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