Categories
Environment

Sackett v EPA: Documents and Articles

(Links in process)

The Sacketts have been at the Supreme court twice. The first time, the question was whether an EPA compliance order could be challenged in court. The Supreme Court ruled 9-0 that it could.

The second case has more far reaching consequences in that it gives the current Supreme Court license to answer the question: what exactly are the EPA-protected waters of the US (WOTUS)?

Original Case

The question was whether an EPA compliance order could be considered an agency final action, and challenged in court.

Idaho District Court

The *RECAP court docket for the original Sackett v. EPA court case in Idaho, 2008, and any freely downloadable copies of court documents it contains.

Documents not held at RECAP for this case:

Document 1-2: Attachment B

Document 1-3: Attachment C

Document 1-4: Attachment D

Document 14: Motion to dismiss

Document 15: Memorandum in support

Document 15-1: Attachment A

Document 15-2: Attachment B

Document 15-3: Attachment C

Document 15-4: Attachment D

Document 19: Response to motion to dismiss

Document 20: Reply to response

Document 22: Judgement to dismiss

Document 23: Motion for reconsideration

Document 23-1: Memorandum in support

Document 26: Memorandum in opposition

Document 27: Reply to response

Document 28: Order denying motion for reconsideration

EPA Administrative Record

The administrative record includes all documents the Department considered when making the decision.

EPA Administrative Record for Sackett compliance order, including copies of all documents.

Ninth Circuit

Copy of docket

Court decision

Supreme Court

LIMITED TO THE FOLLOWING QUESTIONS: 1. MAY PETITIONERS SEEK PRE-ENFORCEMENT JUDICIAL REVIEW OF THE ADMINISTRATIVE
COMPLIANCE ORDER PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT, 5 U. S. C. §704? 2. IF NOT, DOES PETITIONERS’ INABILITY TO SEEK
PRE-ENFORCEMENT JUDICIAL REVIEW OF THE ADMINISTRATIVE COMPLIANCE ORDER VIOLATE THEIR RIGHTS UNDER THE DUE PROCESS CLAUSE?

Docket for original Supreme Court case related to the Sacketts in 2012.

Oral arguments

Decision

Articles related to first case

Oyez overview

Cornell Law School Legal Information Institute entry

SCOTUSBlog Lyle Dennistan: Opinion recap: Taking EPA to court

ABA: Sackett v. EPA: Implications for administrative compliance

Nina Mendelson: In Sackett v. EPA, Troubling Potential for SCOTUS to Undermine Government’s Ability to Promptly Respond to Environmental Threats

Supreme Court case involving Idaho lake house ignites conservative cause against EPA

Lowell Rothschild Before and After Sacket vs US EPA

Spokesman-Review Priest Lake couple’s land dispute with EPA going to high court

NPR When Property Rights, Environmental laws collide

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Craig Pittman Supreme Court gets a chance to botch another wetlands case

Sacketts likely to win Supreme Court case, law profs say

Current Sackett v EPA case

Idaho District Court

— post appeal and Supreme Court decision —

Document 54: Motion to stay litigation

Document 56: Stipulation to stay

Document 59: Government answer to complaint

Document 60: Scheduling form – litigation plan

Document 62-1: Index certification

Document 62-2: Administrative Record Index

Document 67: STIPULATION Motion to Amend the Scheduling Order

Document 73: RESPONSE to Motion re 70 MOTION to Strike

Document 73-1, Document 73-2, Document 73-3

Document 76: MEMORANDUM/BRIEF filed by Chantell Sackett, Michael Sackett Request for Judicial Notice

Document 77: MEMORANDUM/BRIEF re 76 Memorandum/Brief

Document 82: MEMORANDUM/BRIEF re 77 Memorandum/Brief

Document 84: REPLY to Response to Motion re 70 MOTION to Strike 62 Administrative Record

Document 84-1: Attachment A

Document 85: MOTION File Surreply to Plaintiffs’ Motion to Strike

Document 85-1: Memorandum in support

Document 88-1: Exhibit A – Supplemental Complaint for Declaratory and Injunctive Relief

Document 90: RESPONSE to Motion re 88 MOTION to Supplement Complaint

Document 91: REPLY to Response to Motion re 88 MOTION

Document 99: REVISED JOINT LITIGATION PLAN

Document 101: The United States’ ANSWER to 98 Amended Complaint

Document 103-1: Memorandum in support

Document 105-1: Memorandum in support

Document 105-2: Exhibit

Document 109: Response to motion

Document 112: Reply to Response

Document 116: Notice by USEPA

Ninth Circuit

Copy of docket

Document 51: Sackett supplemental brief

Document 54: EPA supplemental brief

Supreme Court

THE PETITION FOR WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER THE NINTH CIRCUIT SET FORTH THE PROPER TEST FOR DETERMINING WHETHER WETLANDS ARE “WATERS OF THE UNITED STATES” UNDER THE CLEAN WATER ACT, 33 U.S.C. §1362(7).

Docket for latest Supreme Court challenge.

SCOTUSBlog entries for latest Supreme Court Challenge.

Articles

EPA Proposes to Use Science to Identify Waters of the United States. I’m Shocked, Shocked.

E & E News: Pivotal Supreme Court term begins with WOTUS war

Vox: The Supreme Court case that’s likely to handcuff the Clean Water Act

High Country News: Will the Supreme Court gut the Clean Water Act?

Wetlands case tops court agenda

Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

The Supreme Court appears determined to shrink the Clean Water Act

Supreme Court appears to back EPA in WOTUS war

General and Related

A Brief Overview of Rulemaking and Judicial Review

Development authority seeks wetland permit for Bryan County ‘mega-site’

*RECAP is an effort to make PACER federal court documents freely available to the public. People use a browser extension for RECAP when accessing a court document. A copy of that document is then also loaded to the RECAP stores and made available for everyone at no additional charge.

The documents I have were downloaded before I installed the RECAP browser extension. Unfortunately, I can’t donate them to RECAP as the organization has no way of vetting that the documents are legitimate and untainted.

Categories
Burningbird Just Shelley

Weblog Penance

How many times have I written about this change or that to my site? Not enough, it seems.

I’m in the process of using that wonderful, magnificent site The Wayback Machine to recover posts from all my various incarnations of weblogs and whatnot sites. Yes, I do have backups from recent sites, but not the ones from 1998, or 2003, or 2015, and so on. And certainly not all the posts for all variations of weblogs I’ve had.

I estimate now that I’ve had a weblog, split or singular, on 83 domains and subdomains. Does anyone remember Thank the NRA? Bad Kitty? Missouri Green? Practical RDF? BB Gun? Script Teaser?

I split my weblog and combined it dozens of times, utilizing 23 different domains, and probably twice that many subdomains.

Even my main site, my weblog, this thing here…it’s been accessed as http://weblog.burningbird.net http://yasd.com, http://burningbird.net/weblog, and http://just.shelleypowers.com, in addition to the burningbird.net location.

To make things even more interesting, sometimes the article URIs would be listed as ‘fires’, other times as ‘nodes’, sometimes as the full date, and finally, just the post title.

I was on Blogger, and on Graymatter, on Movable Type and Drupal, on Radio, and now on WordPress. I began with manually coded static web pages, back before weblogs and weblogging software were things. I even tried my hand at creating my own weblogging software: Wordform, a  fork of the early WordPress software.

And not since the very earliest days have I had all of my writings in one single site.

So, I’m recovering each writing/post/article, one at a time, either from my own backups, or mostly from the Wayback Machine. I’ve already recovered over 1300 posts, but I estimate I have about 4000 or so to go.

I think it was Tim Bray who spoke out, decades ago, about the wrongness of missing webpages—the 404s we have come to know and dislike. That’s the beauty of The Wayback Machine: web pages aren’t gone for good, they’re just finding a comfortable niche to settle into for a good sleep.

Thanks to Internet Archive for providing The Wayback Machine, I’ll be able to restore most of my writing. However, I shouldn’t use the word ‘restore’ to describe what I’m doing. After all, ‘restoring’ sounds somewhat noble—as if I’m taking a fine old web site and returning it to its glory.

I’m really not restoring my web sites: I’m doing penance for not being able to sit still for 26 years.

Categories
Just Shelley

Me and dolls

Scanning and uploading old family photos.

My parents used to give cool gifts to my brother. Train sets, car sets, interesting toys that could do things.

Me? Dolls.

Want to know my opinion of dolls?

me, holding a doll, not looking very impressed