The US Supreme Court, in the news because of their evaluation of the health care law, just issued a less lauded decision that will impact contractors and developers. In a March 21, 2012 unanimous ruling (I didn’t think anything in America could be unanimous anymore), the Court ruled that an Idaho couple could legally challenge the EPA’s wetlands ruling.

Mike and Chantell Sackett purchased a property and wanted to build a home. While attempting to get the permits, the EPA review instructed them to restore the wetlands on the property or face up to $37,500/day fines. The Saketts didn’t believe the property was wetlands, but the EPA and the 9th Circuit Court dictated that the Saketts didn’t have the right to get a court hearing on the question of the wetlands.

The essence of the Supreme Court decision is that land owners, developers and contractors have the right to question the EPA on their interpretation of wetlands rather than simply having to comply without option. While going to court rarely seems an attractive option for a project, it does seem that this decision will make the process more fair.

It’s nice to see commonsense flowing out of our nation’s capitol. Maybe it will start a trend.