Audio: Justice Alito Fired Up In Case Against EPA

Case pits property owners against the Environmental Protection Agency.
3:00 | 01/16/12

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Transcript for Audio: Justice Alito Fired Up In Case Against EPA
-- quite -- -- if you. Related the facts of this case as they come to us. To an ordinary homeowner. Don't you think most ordinary homeowners would say this kind of thing can happen in the United States. It's you know you you buy property to build a house. -- think maybe there's a little drainage problem and part of your lot. So you start to build the house and -- you get an order from the EPA which says you have. -- in wetlands so you can't build your house remove the film. Putting an all kinds of plants and I have to let us on your premises whenever we want to you have to turn over to what's all sorts of documents and for every day that you don't do all this you're accumulating a potential fine of 75000. Dollars and by the way there's no way. You can go to court to challenge a determination that this is a wetlands until such time as we choose to -- Well the first thing I would say is as a matter of standard EPA's practice the compliance order would not be the first communication from the agency. That would work the land -- to the belief that there was a violation the record in this case does not make clear whether that agency practice was followed in this case but. EPA's typical practice is to -- Landowners -- prior communications. That a violation is access. So what somebody from the EPA says we think that your backyard is wetlands. So don't build well what are we what what the -- do and what once -- pretty well all right I'm just gonna put it aside as a nature was.

This transcript has been automatically generated and may not be 100% accurate.

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