Supreme Court + Landowner Rights + EPA = Win

Both the Omaha World Herald editorial today "World-Herald editorial: Court sensible in

water ruling" and The Daily Record "High Court Sides with Property Owners in Wetlands Case" dated June 3, 2016 document the Supreme Court ruling, 8-0, for the property owner's rights to bring to court for judgement cases against the Corps of Engineers without having to file for a permit first. 

The case hinged on the Corps instituting a rule that business must apply for a permit that can take an average of 788 days plus estimated $280,000 in costs. And can also choose to continue business operations at a daily fine rate.

The Court ruling is a win for property owners - and for the EPA. This ruling allows for business to take the agency to court to determine if the agency is right. 

From Judge Roberts Opinion: 

Even if final, an agency action is reviewable under the APA only if there are no  adequate alternatives to APA review in court. 5 U. S. C. §704. The Corps  contends that respondents have two such alternatives: either discharge fill material without a permit, risking an EPA enforcement action during which they  can argue that no permit was required, or apply for a permit and seek judicial re-

view if dissatisfied with the results. 

Neither alternative is adequate. As we have long held, parties need not await enforcement proceedings before challenging final agency action where such proceedings carry the risk of “serious criminal and civil penalties.” Abbott, 387 U. S., at 153

The Supreme Court has done an admirable job. This give a speedy decision and clear decision for both the landowner and the EPA to operate under.