Four years after the U.S. Supreme Court handed the Obama administration a huge defeat by allowing Americans to go to court to challenge “compliance orders” from federal agencies over the use of their own property, the justice have ruled that the courts are available to owners when agencies abruptly apply new confiscatory regulations to the use of the land.
The unanimous ruling against the Obama administration’s agenda came in a case between the U.S. Army Corps of Engineers and the Hawkes Co. of Minnesota.
The corps had designated land belonging to the company as a “wetlands” and told the private landowners they had to comply with all the corps’ rules and regulations. And the Obama administration argued that the company wasn’t even permitted to go to court to challenge the bureaucratic nightmare the owners faced.
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