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January 09, 2012

The Clean Water Act case before SCOTUS today: Backyard or Protected Wetland?

Homeowners or Industrial Polluters? Given the current makeup of the U.S. Supreme Court, the case of Sackett v. EPA being argued before it today is probably as important, and certainly as "political", as environmental law gets. Our take? Despite the David v. Goliath hype, it's a relatively straightforward exercise on the right to pre-enforcement review under the APA. Lots of amicus briefs, mainly by private industry in support of petitioners, the Sacketts. Before this Court, the Sacketts have a shot of prevailing in their pre-enforcement argument. In any event, the due process challenge they are claiming in the alternative should fail. For background, see in the Los Angeles Times "Supreme Court Takes Up Property Rights Dispute" plus this summary and Lyle Deniston's preview, both at the SCOTUS blog.

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Posted by JD Hull at January 9, 2012 08:35 AM


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