Wednesday, February 1, 2012

Bureaucracy & Courts

In 2007, a couple started to fill in land that they had just purchased with dirt and rocks. They had plans to build a new house on the land, but the Sacketts later received a notice from the EPA. The notice said that they were in violation of the Clean Water Act. Fines were dropped on the. Fines that they could not even dream about paying. The couple tried to challenge the EPAs allegations, but they were unsuccessful.

Chief Justice John Roberts and Justice Samuel Alito both pointed out the problems that the property owners were faced with to General Malcom Steward. The General had no responses to the "what would you do if?" questions. This case has also attracted the attention of many environmental agencies. Some people argued that the couple was irresponsible because they didnt take the time to check with the EPA. A ruling will likely be held in June.

1. Who is the plaintiff?
 Sackett
2. Do they have standing to sue? Why?
 yes, they are the party that is directly affected
3. What is a compliance order?
 the order that the EPA sent them saying they have to do something or else
4. In this case, what does the plaintiff stand to lose if they lose the case?
 they will lose everything
5. How does this issue provide an example of "red tape"?
 a federal agency regulating something that prevents one from doing something
6. How is the Court expected to rule?
 in fovor of the Sacketts
7. Why is this case being heard at the Supreme Court?
 it got appealed
8. What would the National Resources Defense Council be an example of, and how might they be involved in the case?
 it is an environmental group and they are moree than likely thinking the same thing as theEPA
9. How does the compliance order potentially violate the couple's due process?
 they were non reviewable
10. What is the central issue of this case? (it's not about whether or not these people can build their house).
 whether EPA's use of non-reviewable compliance orders violates the Sacketts' right to due process of law.
11. What is the Clean Water Act?
 a federal law in the United States governing water pollution.
12. What does the lawyer for the EPA say the couple should have done?
 they should have checked in with the EPA
13. Why do people hate the bureaucracy?
 ppl think that they make all these unnecessary rules

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