The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the Clean Water Act. I have stayed out of the SCOTUS prediction game because I find such speculation to be a waste of time. I generally agree with the position of Roy Kent on Ted Lasso. … More
Tag Archives: “Sackett v. USEPA”
As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of the United States. Betting money does not favor EPA in either case.
I don’t have any inside authority on what will happen and I don’t really have thoughts that haven’t been expressed by others,… More
The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For
Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that:
EPA reasonably determined that the Sacketts’ property contains wetlands that share a significant nexus with Priest Lake, such that the lot was regulable under the CWA and the relevant regulations.… More