Environmental Protection Agency Criticized by U.S. Supreme Court Justices Over Treatment of Land Owners In Wetlands Controversy


Developers and home builders in Florida are very familiar with government's forceful conservation efforts to protect that naturally environmental area commonly knows as Wetlands. Developers and builders in our state are increasingly familiar with the complexity, expense and bureaucracy involved in dealing with state and federal agencies that regulate wetlands, and interestingly, they now have much in common with Idaho land owners Mike and Chantell Sackett, whose complex legal battle against the EPA may have long lasting consequences in Florida and elsewhere.

Here in Florida, our Wetlands are famous. In fact, just pick up practically any Carl Hiassen book, the wetlands play a big role in most of his stories.

What are the Wetlands?

According to the Clean Water Act (40 CFR 230.3(t)), "wetlands" are " ... areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas."

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rosa Eckstein Schechter, Eckstein Schechter Law | Attorney Advertising

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