Yesterday, 3/21/2012, the Supreme Court handed down a decision in Sackett v. EPA, No. 10-1062, concluding that “[...] the compliance order in this case is final agency action for which there is no adequate remedy other than APA review, and that the Clean Water Act does not preclude that review. We therefore reverse the judgment [...]
Archive for the ‘Land Use’ Category
9 Jan
The Sackett Racket: Oral Arguments in the Supreme Court in Sackett v. EPA
UPDATE: Supreme Court Renders Decision in Sackett v. EPA Our previous coverage of Sackett v. United States Environmental Protection Agency generated the most traffic of almost any other post on our blog. The people – including Chantell and Michael Sackett – want to know: “If EPA essentially seizes control of your property by labeling it as [...]
19 Oct
A New Face For Keystone Naysayers: Quiet Farmer Turned Liberal Hero, or Fictional Bruce Springsteen Character?
Because we’ve spent a fair amount of time here at Green Mien covering developments with the controversial Keystone XL Pipeline, it feels only right to point readers toward an excellent story published in Monday’s New York Times, which examines the effects of the planned 1,700 mile pipeline on a smaller, more human level, by exposing [...]
4 Oct
Marcellus Minerals: Is Marcellus Shale Gas a “Mineral” for the Purposes of Pennsylvania’s Dunham Rule?
Two recent law firm memos (from Fulbright & Jaworski and Pepper Hamilton) tackled the subject when they covered a September 7th decision from the Pennsylvania Superior Court in Butler v. Powers. The “Dunham Rule” refers to an assumption in Pennsylvania law, wherein a reservation or exception for “minerals” in a deed or lease that does [...]
29 Jun
New Developments in Sackett v. EPA Case
UPDATE: Supreme Court Renders Decision in Sackett v. EPA In the spring of 2007, Chantelle and Michael Sackett began laying dirt and rock as a preliminary step to building a three-story house on their property on idyllic Priest Lake, in Idaho. Priest Lake, which rests snuggly in the Northern portion of the Idaho panhandle, is a [...]
