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The Latest Breaking News from Sackett

As Texas Destroys Its Wetlands, the Risk of Devastating Flooding Increases

Thousands of acres have been decimated to make room for development and urban sprawl, alarming residents and climate experts.

Capital & Main

Utah Needs More Housing. The Army Corps Shut Down 265 New Homes Because of a Small Ditch.

Despite the Supreme Court's best efforts to rein them in, federal regulators continue to abuse their authority under the Clean Water Act.

Reason

EPA moves to limit scope of clean water law to reduce amount of wetlands it covers

The Environmental Protection Agency says it is redefining the scope of the nation’s bedrock clean water law to limit the amount of wetlands it covers

The Independent UK

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Stripping federal protection for clean water harms just about everyone, especially already vulnerable communities

Before Congress passed the Clean Water Act in 1972, U.S. factories and cities could pipe their pollution directly into waterways. Rivers, including the Potomac in Washington, smelled of raw sewage and contained toxic chemicals. Ohio’s Cuyahoga River was so contaminated, its oil slicks erupted in flames.

The Conversation

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TechRadar

The US is losing wetlands at an accelerating rate − here’s how the private sector can help protect these valuable resources

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,…

The Conversation

New Mexico’s rivers are most threatened waterways in US, report finds

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

The Guardian - US

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EPA revises waters of the United States definition to conform with SCOTUS ruling

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.

Ballotpedia

Biden administration restores the power of states and tribes to review projects to protect waterways

States and Native American tribes will have greater authority to block energy projects such as natural gas pipelines that could pollute rivers and streams under a final rule issued Thursday by the Biden administration

The Independent UK

From 'Fetus' to 'Unborn Child': Ohio Adopts Biased Ballot Summary of Abortion Amendment

Plus: First Amendment experts talk about age verification laws, fentanyl fact check, and more…

Reason

The EPA removes federal protections for most of the country's wetlands

The amended EPA rule is to comply with a Supreme Court ruling this year that narrowed the scope of the Clean Water Act and the agency's power to regulate waterways and wetlands.

WEKU

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

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…

Reason

SCOTUS limits agencies’ regulatory, adjudicatory scope

Ballotpedia

Tell Congress to give EPA enough power to protect our nation’s wetlands

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…

Chicago Sun-Times

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Reason

Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?

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

Zenger

Supreme Court Limits EPA’s Regulatory Authority Over Wetlands

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

Ballotpedia

Supreme Court limits EPA’s regulatory authority over wetlands

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…

Reason

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

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.

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Salon

SCOTUS ruling to affect Clean Water Act

The fate of millions of acres of wetlands hinges on five vague words in the Clean Water Act

Ballotpedia

Biden vetoes CRA resolution seeking to nullify ESG rule

Ballotpedia

Checks and Balances, October 2022: Biden administration codifies DACA

The Guardian - US

The supreme court is in session – and every case is potentially a climate one

Sackett v EPA – an attack on the Clean Water Act – is by no means the only threat to climate policy before the court

Reason

The Sackett Oral Argument and the Problem of Defining "Waters of the United States"

The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.

Reason

Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.

Reason

Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act

The Sacketts get a return trip to the Supreme Court.

People

Ketanji Brown Jackson

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Environmental Protection Agency

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Federal Trade Commission

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Federal Register

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The Environmental Protection Agency

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