In May, the Supreme Court told the Environmental Protection Agency it couldn’t regulate lands distant from navigable waters as “waters of the United States” under the Clean Water Act. Given recent history, this was a momentous decision. Ryan M. Yonk and Ethan Yang, writing for Law & Liberty, have analyzed the subject more deeply. Until…
Tag: Supreme Court
Build a Home, Pay a Traffic Fee
The Mountain States Legal Foundation has joined a growing number of organizations filing amicus briefs supporting a Supreme Court petition on a takings issue. David McDonald, writing for Mountain States, says: “George Sheetz . . . . wants to build a single-family residence on his property in Placerville, California. The County of El Dorado, however,…
Was the Court’s EPA Decision 9-0 or 5-4? Here’s the Answer
In a Twitter feed, Jonathan Wood of PERC untangles the confusion over the Supreme Court’s May 25 decision regarding the definition of the “waters of the United States” (WOTUS). The entire Supreme Court reined in the EPA. A majority (5) did so more boldly than the rest (4). From Wood’s Twitter thread: “So why was…
Supreme Court Unanimously Reins in EPA’s Definition of ‘Waters of the United States’
The Biden administration had a major setback today as the Supreme Court unanimously rejected the EPA’s current definition of “waters of the United States.” The definition had been used to halt construction of a home on property deemed a wetland by the EPA. The case, Sackett vs. EPA, has been going on for 15 years….
What’s This Chevron Precedent and Why Does It Matter?
The Supreme Court has agreed to take up a case (Loper Bright Enterprises et. al vs. Raimondo) that will revisit a past Supreme Court decision known as the “Chevron precedent.” If the Court overturns or modifies that precedent, it would weaken agencies’ power to regulate. A group of New Jersey fishing companies has sued the…
Are Wetlands Navigable Water? The Conflict Continues
A Texas district court has rejected, for the time being, the EPA’s definition of the waters of the United States (“WOTUS”). The EPA’s latest definition went into force nationally on March 20 but the announcement explicitly excluded Texas and Idaho. Idaho was omitted because the Supreme Court is considering the case of Michael and Chantelle…