U.S. Sen. John Hoeven (R-ND) and U.S. Rep. Charles Boustany (R-LA) applauded a U.S. Supreme Court decision on Tuesday that upheld rights for private owners of wetlands.
The court ruled that wetland property owners could challenge Army Corps of Engineers determinations that wetlands are protected under the Clean Water Act, requiring property owners to obtain permits for specific activities.
“The highest court in the land today has put the brakes on yet another Obama administration plan to exceed its regulatory authority,” Hoeven said. “In a unanimous 8-0 vote, the court said there is no requirement for property owners to either risk a heavy fine or go through an arduous Clean Water Act permitting process before challenging whether the Army Corps of Engineers can compel them to apply for a permit in the first place.”
The Supreme Court’s decision was important, Hoeven added, because it clarifies that private property owners have the right to challenge permitting decisions in court before — rather than after — a regulation causes harm.
“(Tuesday’s) decision by the Supreme Court adds force and substance to the suit by the states that the administration is exceeding its authority to regulate the use of private property without the consent of Congress,” Hoeven said.
Owners of private wetlands have been forced to enter a permitting process in order to maintain use of their own land after an Army Corps of Engineers determination that the land is protected under the Clean Water Act, Boustany said.
“This permitting process is drawn-out and can be very costly,” Boustany added. “Many of the Corps’ determinations have taken valuable farm land away from farmers all across coastal Louisiana. This ruling will allow all land owners to the take the Corps’ determination to court instead of forcing them through a Washington style permitting process.”
The Supreme Court upheld a lower court’s decision that Army Corps of Engineers determinations constitute a “final agency action” and are subject to judicial review under the Administrative Procedure Act.