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Supreme Court reins in Biden admin’s power over U.S. waterways

Doug64

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And in another blow to the Regulatory State:


The Supreme Court rolled back the Environmental Protection Agency’s reach over U.S. waterways, dousing the Biden administration’s regulatory push and handing a victory to an Idaho couple blocked from building a house because the agency deemed their property a wetland.

The high court on Thursday said the federal government may regulate wetlands only that have a “continuous surface connection” to a body of water covered by the Clean Water Act, which protects “streams, oceans, rivers and lakes” and other “navigable waters.”

Technically this is a 5-4 decision, in that only five justices signed on to the majority opinion, but there are no dissenting opinions, only concurring ones with different reasoning.
 
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And in another blow to the Regulatory State:




Technically this is a 5-4 decision, in that only five justices signed on to the majority opinion, but there are no dissenting opinions, only concurring ones With different reasoning.

Kagan was brutal.
 
The right-wing is just breaking the country apart and selling it off in pieces. Today, it was our wetlands.
 
And in another blow to the Regulatory State:




Technically this is a 5-4 decision, in that only five justices signed on to the majority opinion, but there are no dissenting opinions, only concurring ones with different reasoning.
A blow to the regulatory state, or a blow to environmental protection? All water not covered eventually drains into waters that are covered.,
 
The right-wing is just breaking the country apart and selling it off in pieces. Today, it was our wetlands.

They are textualists except when they don’t like the text.

Even Kegger told Alito he was full of shit.
 
"Supreme Court reins in Biden admin’s power over U.S. waterways"

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The case dates back to 2007, Biden didn't control the waterways in 2007.

I believe Bush II was President at the time.

WW
 
The right-wing is just breaking the country apart and selling it off in pieces. Today, it was our wetlands.

A blow to the regulatory state, or a blow to environmental protection? All water not covered eventually drains into waters that are covered.,

They are textualists except when they don’t like the text.

Even Kegger told Alito he was full of shit.

Nine votes in favor of overturning the regulation.

"Supreme Court reins in Biden admin’s power over U.S. waterways"

View attachment 67449793


The case dates back to 2007, Biden didn't control the waterways in 2007.

I believe Bush II was President at the time.

WW

It took this long for the case to make its way to the Supreme Court, and so it was Biden's administration that defended it before the highest court of the land.
 
I'm torn about this. On the one hand, the EPA is an agency vital to the survival of clean air and water, etc. - on the other hand, knowing that we're running the risk of having a Trump second term … wouldn't we want government's powers to be as limited as possible in case he or someone else like him down the line takes over?
 
So looking at @WorldWatcher's link, and apparently the only real difference between the majority and minority positions is that the majority's new test requires the wetlands in question to actually be attached to the "navigable waters" in question, while the minority would include wetlands separated from the "navigable waters" by a "man-made or natural barrier, such as a dike or a beach dune." Not exactly a major difference there.
 
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