ACRU Defends Property Owner's Right to Build


ACRU Staff


October 3, 2011

The ACRU is defending property rights in the important Fifth Amendment case of Sackett v. EPA. In this case, Idaho couple Chantell and Michael Sackett purchased a lot in a residential neighborhood, zoned and permitted by local authorities for construction of their home. After they began earthwork in preparation to construction, they received a Compliance Order from the EPA effectively ruling that moving around dry earth and fill materials on their residential lot to begin their homebuilding project somehow involved discharge of a pollutant into the navigable waters of the United States in violation of the Clean Water Act.

That meant that not only could they not build their home, they were subject to stiff fines for even trying to do so! And the EPA insisted that there was no right of appeal to any court.

The ACRU strongly disagreed and filed a brief in the Sackett’s support asking the Supreme Court to hear their case. The Supreme Court agreed, and last Friday the ACRU filed another brief with the high court arguing that the Sacketts were unconstitutionally denied their property without Due Process of Law. There is a critically important constitutional right at stake here, so stay tuned!

Download the brief here. (PDF)



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