EPA issues new WOTUS rule after Supreme Court slap down
As a result of the Sackett decision, several types of waters will no longer be under federal jurisdiction, including an estimated 1.2 million to 4.9 million miles of ephemeral streams.
As a result of the Sackett decision, several types of waters will no longer be under federal jurisdiction, including an estimated 1.2 million to 4.9 million miles of ephemeral streams.
In one of the most consequential judicial decisions in recent memory, the Supreme Court significantly limited EPA's authority to regulate wetlands under the Clean Water Act (CWA).
"Navigable" waters of the United States means more than just ponds and puddles!
“The decision reaffirms that property rights are among the most important civil rights."
BY PHIL GOLDBERG: Whether and how the Court answers these questions will impact American legal and energy policy for the next decade.
A breach of contract fell on deaf ears with the Forest Service refusing to honor its agreement.
In Sackett v. EPA arguments will be heard in October, and a ruling is expected early next year.
EPA is stuck. What they will now do is anybody's guess. Enjoy their dilemma!
The majority ruling was founded on a central constitutional principle that Congress alone has legislative authority to decide major policy issues with sweeping impacts.
Although today’s Court holding is technically limited to vaporizing the Clean Power Plan, it’s hard to see how any EPA regulation of greenhouse gases is legal since Congress never authorized such regulation.
EPA exceeded its authority under the Clean Air Act in creating its emissions scheme. Read West Virginia vs. EPA full decision.
BY MARLO LEWIS: The Court will examine the lawfulness of the Obama administration’s October 2015 Clean Power Plan (CPP) and the Trump administration’s June 2019 Affordable Clean Energy (ACE) Rule, which repealed and replaced the CPP.
The Supreme Court ended the Center for Disease Control's eviction moratorium in a victory for property rights and due process. Read the full decision at CFACT.org.
President Trump has the authority to nominate Justice Ginsburg's successor and the Senate has authority to advise and consent. They should both act without delay.
The sweet friendship between Justices Ruth Bader Ginsburg and Antonin Scalia teaches a great deal about collegiality, respect for others, and how to disagree with civility. R.I.P. honored jurists.