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From Your Senator: EPA – Not Above the Law

by Sen. Carmine Mowbray
| April 10, 2012 10:00 AM

Something just happened to renew my faith in common sense and reduced government interference in our lives. The Supreme court ruled in favor of private landowners who pushed back – at great personal expense – the Environmental Protection Agency on a dispute over a “wetland.”

Several years ago, Chantelle and Michael Sackett bought a half-acre near Priest Lake, Idaho and began preparing the site for their modest home. In 2007, the EPA directed Sacketts to stop construction and restore the lot to its pre-construction condition. The EPA asserted the Sacketts had affected a wetland that was under federal jurisdiction and threatened the couple with fines of $30,000 per day.

The Supreme court ruled that property owners are entitled to judicial review of a wetlands compliance order before the EPA may begin enforcement action. Now the Sacketts will appear in district court to establish that EPA does not have authority over their property, nullifying the EPA order so they can build their house.

Speaking for his clients, attorney Damien Schiff called this a victory for property owners who can now fight back against EPA when it exceeds its authority. “It gives the public a fair shake. EPA is not above the law,” he added.

Election integrity

The editorial in last Thursday’s Daily Inter Lake stated strong support for states to require voter photo ID and scolds the current federal administration for blocking it. North Carolina and Texas passed new laws requiring photo ID to vote. Anyone who doesn’t already have a driver’s license may simply get a free photo ID card. Now the U.S. Attorney General is trying to overpower their states’ rights on the issue. Has he not read the Tenth Amendment to our U.S. Constitution? Am I the only person who thinks it insults people to presume they’re incompetent of obtaining a free photo ID?

A dozen states are examining their election laws right now. These states are proposing sensible safeguards to protect all legal voters. Voting is a sacrosanct right and duty of American citizens. It should be protected from any potential for fraud. Instead of fighting states’ efforts to preserve the integrity of elections, the federal government should applaud them.

Last election when I approached my long-time friend and neighbor who was serving as poll judge, she smiled as she requested my photo ID. It was almost comical, but there’s nothing funny about the integrity of “one person, one vote.”

As always, I value your calls and questions, Senator Carmine Mowbray, 883-4677; carminemowbray@gmail.com.