Supreme Court

EPA’s authority over wetlands is at stake as justices wade back into regulatory morass

EPA’s authority over wetlands is at stake as justices wade back into regulatory morass

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When the Supreme Court returns to the bench on Oct. 3 for the start of its new term, it will begin with a case that is not new to it. In Sackett v. Environmental Protection Agency, the justices will once again weigh in on an Idaho couple’s efforts to build on land that they own – specifically, what test courts should use to determine whether the Clean Water Act applies to the land, which the EPA has deemed … Read the rest

Supreme Court

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

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Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. Although the case hinges on a highly technical provision of the Clean Air Act, it nonetheless has the potential to be one of the most consequential cases in a … Read the rest