The U.S. Supreme Court recently heard oral argument in the closely watched Sackett v. EPA case — the David v. Goliath environmental law case of 2012.
The Sackett’s own an undeveloped parcel in Idaho slightly over a half an acre in size, upon which they had set out to build a home. In 2007, in preparation of building the home they filled a portion of their property without a Clean Water Act permit. The Environmental Protection Agency determined that the fill violated the CWA because the parcel contained a “jurisdictional wetland.” Jurisdictional wetlands are wetlands regulated by the U.S. Army Corps of Engineers under section 404 of the CWA. They must exhibit hydrology, hydrophytes and hydric soils as set forth in 40 CFR 232.2(r). The EPA then issued an administrative compliance order requiring the Sackett’s to remove the fill and restore the parcel to its original condition or face fines of up to $37,500 per day for every day the fill remained in the wetland.
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