Wetlands: Can the Feds Fine Property Owners without a Court Order?
The U.S. Supreme Court is set to rule in a case that could set a new precedent for property owners.
A Minnesota mining company is challenging the Obama administration who says the company is violating the Clean Water Act. They are demanding that the property owners apply for permits.
The Hawkes family says they have no effective means to contest the decision from the administration.
They are concerned that government agencies can make property owners pay the costly price for permits without a court ever deciding whether the agency is correct.
Most justices appeared sympathetic to the company, reports the Associated Press.
Justice Stephen Breyer said the agency's determination that the land falls under the Clean Water Act has legal consequences that can be reviewed in court.
He said the company was presented with two options: either spend $150,000 to try and get an exception, or do nothing and possibly violate the law, risking hefty fines and even prison.
The Supreme Court on Wednesday seemed likely to make it easier for private landowners to challenge in court a government designation of property as protected federal wetlands.
A ruling is due by the end of June.
