In 2008, EPA issued an administrative order to Chantell and
Michael Sackett, requiring them to remove what EPA had concluded
was illegally placed fill on their property in Northern Idaho.
Litigation followed, including a fairly well-known
After the Supreme Court ruled that the Sacketts were entitled to
appeal the administrative order, the case was remanded to the
District Court. On March 31, the Court granted the government's summary
judgment motion and upheld the original order. The
Sacketts' property does include waters of the United States and
the filling violated the Clean Water Act.
The decision was fairly straightforward and I think would be
upheld under any likely definition of WOTUS, but I note the
following:
