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[GMDino]

(05-25-2023, 06:35 PM)StoneTheCrow Wrote:

https://t.co/PZzqCDue4a pic.twitter.com/F0pPBhlhIx

— Luke Thompson (@ltthompso) May 25, 2023

https://apnews.com/article/wetlands-business-climate-and-environment-washington-news-41fc297006512e1f507dc12daa44824a

Quote:In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.


But only five justices joined in the opinion that imposed a new test for evaluating when wetlands are covered by the Clean Water Act. Chief Justice John Roberts, Justice Clarence Thomas and Alito would have adopted the narrower standard in 2006, in the last big wetlands case at the Supreme Court. They were joined Thursday by Justices Neil Gorsuch and Amy Coney Barrett.


Kavanaugh and the court’s three liberal justices charged that their colleagues had rewritten that law.


Kavanaugh wrote that the court’s “new and overly narrow test may leave long-regulated and long-accepted-to-be regulable wetlands suddenly beyond the scope of the agencies’ regulatory authority.”


Justice Elena Kagan wrote that the majority’s rewriting of the act was “an effort to cabin the anti-pollution actions Congress thought appropriate.” Kagan referenced last year’s decision limiting the regulation of greenhouse gas emissions under the Clean Air Act.



In both cases, she noted, the court had appointed “itself as the national decision-maker on environmental policy.” Kagan was joined in what she wrote by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson.