Regulation and Red Tape: Sackett v. EPA: A Tale of Wetland Regulations

At what point can Americans go to court to defend themselves against agency enforcement action?

This crucial question arose for the Sackett family when they embarked on the initial stages of constructing their home near Priest Lake, Idaho. EPA agents arrived on their property and asserted that it was a federally protected wetland. The EPA subsequently issued a compliance order that would subject the Sacketts to a fine of $37,500 a day. What followed was years of legal battles between the Sackett family and the EPA, culminating in two pivotal Supreme Court decisions.

In the second episode of the “Regulation and Red Tape” series, experts delve into the story of the Sackett family, their experience with the EPA, and the due process questions raised by the story.