PLF fights feds' takeover of a Santa Fe couple's land
VIDEO: PLF attorney Jennifer Fry explains why this case is of nationwide importance
Peter and Frankie Smith live outside of Santa Fe on property with a dry creek bed. Imagine their shock when the Army Corps of Engineers labeled this dry land a "water of the United States" subject to federal control!
"We can't believe that the Federal Government can control what we do in our own backyard under the Clean Water Act when there is no water on our property!" says Peter Smith.
This week, PLF attorneys sued the Corps on behalf of the Smiths, challenging its misuse of the Clean Water Act to grab control of private property.
As Fry points out, "If the federal government can tell the Smiths what they can and can't do on their own land, by twisting the Clean Water Act and essentially using a divining rod to conjure a 'water body' out of dry soil, then no property owner, anywhere, is safe from federal intrusion."
Smith case follows up on PLF's Supreme Court victory for the Sacketts
Listen to a discussion of the Smith case with PLF's Jennifer Fry. Don't have iTunes? Listen to the podcast online.
This lawsuit follows up on PLF's victory earlier this year in Sackett v. EPA. The U.S. Supreme Court held that Idaho residents Mike and Chantell Sackett --- and by extension, all property owners --- have a right to bring a court challenge to a federal "wetlands compliance order." The Smith case, in turn, argues that property owners may seek court review if the federal government designates their land as subject to the Clean Water Act.
Help PLF fight for the Smiths --- and for victims of abusive regulations nationwide!
"We don't believe Congress ever intended to give the Corps power to regulate dry creek beds like ours and we want to help put an end to the Corps' ridiculous interpretation of 'waters of the United States,'" said Peter Smith. "We heard about Pacific Legal Foundation when it helped Mike and Chantell Sackett. We are bringing this lawsuit now to get the feds off our property and also so that we, like the Sacketts, can help property owners across America stand up against federal government bullies."
YOU can help the Smiths --- and the cause of property rights nationwide --- by DONATING to help PLF "rescue liberty" from coast to coast!
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