Opinions / Op-eds

A Supreme Court Victory for Property Rights, and one Idaho family

In a groundbreaking decision, the United States Supreme Court has handed down a monumental victory for property rights with its ruling in the case of Sackett v. Environmental Protection Agency (EPA) on May 25, 2023. The ruling, which has far-reaching implications for property owners in Idaho and across the nation, represents a significant victory for landowners, reaffirming their rights and providing essential clarity on the scope of federal regulatory authority. 

The Sacketts, a couple from Priest Lake, Idaho, purchased their land in 2004, and began construction on their home in 2007. They found themselves in a frustrating predicament when in 2007 the EPA issued a compliance order, alleging that their property contained wetlands and thus fell under the purview of the Clean Water Act. The agency claimed that the Sacketts had violated federal law by commencing construction on their lot without obtaining the necessary permits. This order effectively prevented the Sacketts from using their own land for over 15 years and left them with no recourse but to comply or face severe penalties.

This week the Supreme Court rendered a unanimous decision in favor of the Sacketts, with all 9 justices agreeing that the wetlands on the Sacketts’ property are not covered by the Clean Water Act, and that the CWA applies only to wetlands that are “as a practical matter indistinguishable from the waters of the United States” and that the wetlands on the Sacketts’ land “are distinguishable from any possibly covered waters”. This ruling is a significant victory.

SCOTUS Justice Clarence Thomas stated that this decision “curbs a serious expansion of federal authority that has simultaneously degraded States’ authority and diverted the Federal Government from its important role as a guarantor of the Nation’s great commercial water highways into something resembling a ‘local zoning board’.”

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In Idaho, where the preservation of private property rights are highly cherished, the Supreme Court’s ruling carries exceptional significance. The states’ vast landscapes and natural resources make it particularly vulnerable to overreach by federal agencies in environmental regulation. The Sackett decision reinforces the principle that landowners in Idaho have a right to maintain control over their properties and ensures the balance between responsible environmental stewardship and individual liberties.

In a statement, Pacific Legal Foundation, the firm representing the Sacketts, stated that “Courts now have a clear measuring stick for fairness and consistency by federal regulators. Today’s ruling is a profound win for property rights and the constitutional separation of powers.”

The significance of this ruling impacts property rights throughout the country, reaching beyond the boundaries of Idaho. It serves as a powerful precedent, establishing a clear standard for federal jurisdiction, ensuring that property owners in every state are protected from excessive regulatory control. The decision strengthens the rights of individuals and is a resounding affirmation of property rights and a crucial check on the power of federal government agencies. It serves as a beacon of hope for property owners across the nation, fostering a system in which private property is respected and protected from undue government interference. As the Chairwoman of the Idaho Republican Party, I would like to sincerely thank our Idaho Attorney General Raúl Labrador, and the 25 other state AGs across the nation for their leadership on this critical issue. This victory is yet another example of Idahoans leading the way.

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2 replies on “A Supreme Court Victory for Property Rights, and one Idaho family”

What effect will this ruling have on Idaho’s Forced Annexation Law ???
Idaho’s hated Forced Annexation Law allows confiscation of Citizen’s property & voting rights.
Forced Annexation empowers the powerful Development Industry Lobby Cartel in our local & state governments to create irresponsible runaway growth & evade paying multi-millions in appropriate Impact Fees & forces
Taxpayers & individual property owners are being forced to fund the Development Cartel’s business ventures through various taxation schemes.
Idaho’s Forced Annexation Law was created by the powerful Cartel of Development Industry Lobbyists, some who are themselves local & state politicians. Their dollars have been used to select & elect public officials who will do their bidding, converting a majority of our public servants into political prostitutes. Most American’s now realize pay-for-play public servants has become a national political corruption crisis.
America’s Founders created Oath of Office Contracts & authorized Citizens with the legal authority & Civic obligation to promptly remove & replace public servants who’s actions & records validate corruption & or treason in peaceful & lawful manner..

Our 2nd Amendment was created as a means for Citizens to protect our nation’s constitution, sovereignty & Citizen’s Rights from foreign or domestic acts of treason & overthrow. This Right has been allowed to be terminated by treasonous politicians in numerous states.

Public apathy has allowed leftist corporations & Rinos to corrupt our voting system & turn representative government into houses of prostitution.
The Leftist Democrat party & our corrupt pay for play Rinos are rapidly turning America into a bankrupt third world nation run by a Corporate Dictatorship..

If the voting system in 2024 are not legitimized by Citizens the results could result in the termination of America as a Nation..

CONFLICT OF INTEREST corruption is responsible for the majority of Political Crimes committed in America & abroad.
Approximately 76% of America’s local, state & national public servants in leadership roles are lawyers.
Only one-entity benefits financially by poorly written laws & regulations that must be perpetually debated at great cost to taxpayers in Courts of Law by our DOJ system…

America is in desperate need of Citizens with patriotic morals, values & backbone to assume their civic & lawful obligation as Oath Enforcers.
Failure to manage our public servants will empower rogue officials in our state to also ban America’s Constitution, Individual Rights, Freedoms, Patriotism, our nation’s religious freedoms & empower our children to have their sexual identity surgically changed without their parent’s consent.
A Constitutionally created lawful National Oath Contract Enforcement movement led by Constitutional Sheriffs & millions of Citizens could peacefully restore representative government without another bloody revolution.
Please forgive any typos.
I’m now 81 & after 30+ years acting as a civic board member & property & individual rights activist ‘within’ our local & state governments I’ve witnessed & documented all of the above before citizens open access to our legislature’s public records. The access was severed by Gov. Otter just prior to his re-election.
Regaining full Civic access & control to public records on what our public servants are doing for or against us is a critical first step to restoring legitimacy.

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