The Latest Breaking News from Sackett

Wetlands aren’t the most eye-catching ecosystems. They include swamps, bogs, fens and other places where soil is covered by water most of the time. But they perform a huge range of valuable services, from soaking up floodwaters to filtering out pollutants and providing habitat for thousands of species of mammals,…

Supreme court ruling left more than 90% of state’s surface waters with no pollution protections, since they don’t run continuously

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

A bipartisan majority in Congress passed the Clean Water Act in 1972 because rivers were on fire, fish were dying, and Lake Erie was labeled “functionally dead.” The Supreme Court should not be allowed to rewrite the Act and ignore 45 years of practices to protect the environment and public…

Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?

The EPA’s regulatory jurisdiction over the nation’s wetlands is limited, Supreme Court

The U.S. Supreme Court on May 25, 2023, unanimously held in Sackett v. Environmental Protection Agency (EPA) that the EPA’s regulatory jurisdiction over the nation’s wetlands is limited. The decision echoes the court’s 2022 ruling in West Virginia v EPA, in which the justices limited the scope of the agency’s authority…

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.