No, I’m not talking about the Sackett decision wherein a unanimous U.S. Supreme Court hammered the EPA for its complete disregard for the rights of citizens to challenge the agency’s heavy-handed enforcement practices. I’m talking about something else.
Last year, the EPA tried to pull a rabbit out of the hat by claiming it could veto a “dredge and fill” permit issued by the Corps of Engineers, at any time in the future. This claim put literally tens of thousands of Clean Water Act permits in doubt, stifling investment and undermining the economy.
In May, I testified to a House Committee about EPA abuse of power and its total disdain for the rule of law. Fortunately, a district court judge put an end to this nonsense by ruling that EPA has no authority to retroactively revoke a “dredge and fill” permit issued by the Corps. The Judge’s langauge is harsh and illuminating. You can and should read the decision here. Bill Raney’s two-page commentary on the opinion at the Charleston Daily Mail is also worth a read.