Several justices seemed sympathetic to property owners in a case that could affect the construction industry.

The case, argued Tuesday, involves an Idaho couple's actions on a 0.63-acre parcel they owned and whether an Environmental Protection Agency administrative order to remove fill and then apply for a permit should have triggered the couple's right to appeal. The EPA says that stage is not the right time for one.

"Justices across the ideological spectrum appeared troubled by the EPA’s position that Mike and Chantell Sackett do not have the right to go court to challenge the agency’s wetlands decision," the Washington Post reported.

The EPA and the Army Corps of Engineers had said they thought there could be regulated wetlands on the parcel.