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We started laying gravel for the foundation, we were nearly done with this when we were blindsided by the u.s. environmental protection agency. three officials showed up out of the blue and ordered us to stop work. >> reporter: the epa says this should have been handled administratively, it never should have gone to court. here is part of what they argued in their brief to the supreme court. they say, quote to treat a compliance order as triggering a constitutional right to immediate judicial review where no immediate access to the court system previously existed would deter broad range of age...

>> reporter: for now the entire project is on hold. they're facing fines in hundreds of thousands of dollars range. today they're finally glad to get their day in court. martha: oy oh, boy. how is the epa responding? >> reporter: they're not publicly talking. they say the case shouldn't be here. it is a matter handled administratively with the agency and the couple had no right to take this to their court. here is part of their brief. no immediate right of access to the courts previously existed would detour a broad range of beneficial agency communications. what they're hoping that the court ...

Government. that is absurd. >> reporter: for now the entire project is on hold. they're facing fines in hundreds of thousands of dollars range. today they're finally glad to get their day in court. martha: oy oh, boy. how is the epa responding? >> reporter: they're not publicly talking. they say the case shouldn't be here. it is a matter handled administratively with the agency and the couple had no right to take this to their court. here is part of their brief. no immediate right of access to the courts previously existed would detour a broad range of beneficial agency communications. what th...

i'm erin burnett and out front tonight, a deal, finally. a deal. house republicans agree to the senate's two-month payroll tax extension. this includes unemployment benefits and that doc fix that prevents people that take medicare doctors getting a big drop in payments. the house added one small tweak that will make it easier for employers to actually process the tax breaks since this really is the final hour before midnight on a tax change. the gop's image, though, has taken a beating. cnn orc poll found that when it comes to handling major issues, people have increasing confidence ...

i'm erin burnett and out front tonight, a deal, finally. a deal. house republicans agree to the senate's two-month payroll tax extension. this includes unemployment benefits and that doc fix that prevents people that take medicare doctors getting a big drop in payments. the house added one small tweak that will make it easier for employers to actually process the tax breaks since this really is the final hour before midnight on a tax change. the gop's image, though, has taken a beating. cnn orc poll found that when it comes to handling major issues, people have increasing confidence ...