The Volokh ConspiracyJohnathan H. AdlerSackett v. EPA – Today the Supreme Court hears oral argument in Sackett v. EPA, a challenge to the federal government’s claim that landowners (and other regulated entities) may not obtain pre-enforcement review of an administrative compliance order under the Clean Water Act. 

 

E&E Publishing, LLC: Margaret Kriz HobsonArctic: Aging infrastructure adds to woes of Alaska-bound fuel tanker – Alaska’s three-member congressional delegation say Nome’s fuel crisis is just the latest sign that the federal government is not paying enough attention to the growing needs of the changing American Arctic. As residents of Nome wait for fuel to arrive, Alaska’s bipartisan congressional delegation was hammering Washington for not beefing up the U.S. Coast Guard’s icebreaking capabilities. Republican Rep. Don Young told Alaska reporters that the federal government needs to act now "because we’re going to have a lot more activity up north."

 

The Foundry: Heritage Foundation: – Paul LarkinSackett v. EPA: Supreme Court takes up property rights case Nearly five years ago, the Sacketts sought to build a home on an undeveloped lot in a subdivision with houses on almost every other lot surrounding their property. The EPA issued them an order stating that their property was a wetland and directing them both to cease further construction and to remedy the harm already done. The Sacketts disagree with the EPA and ever since have sought to have a federal court resolve this dispute. So far, they have failed. Now they have a shot at persuading the Supreme Court that a federal district court should referee this dispute. The Sackett case involves the question whether a property owner – here, the Sacketts – can obtain judicial review of an EPA wetlands order even though the EPA itself has not brought its own lawsuit.

 

Pacific Legal Foundation: Damien Schiff PLF and the Sacketts take EPA to the Supreme Court The issue before the court is one of fundamental due process: If EPA declares somebody’s property to be “wetlands” and subject to federal control, can the owners appeal to a court of law, or are the bureaucrats immune from meaningful review and accountability?

 

The Sacramento Bee: Platts Energy ForumSignificant change in market needed to save Alaska natural gas line The U.S. natural gas market is going to have to change dramatically for pipeline developers to salvage their plan to ship gas from Alaska to the Lower-48 states, a key federal official said today at the Platts Energy Podium. "It is going to take a big turnaround in the market, no doubt about it," Larry Persily, federal coordinator of Alaska Natural Gas Transportation Projects, said at the newsmaker event in Washington, D.C.