The facts in Sackett are well-known in environmental law circles. Sackett might yet turn out to be one of those cases, but the oral arguments suggest that the case may end with a whimper. The court’s term is loaded with ideologically freighted cases that will provide ample opportunity for the conservative super-majority to rattle environmental and other progressive communities. EPA, another installment in the court’s decades-long effort to shine light on when a “wetland” is a “water of the United States”-subject to the permitting jurisdiction of the Environmental Protection Agency and the Army Corps of Engineers under Section 404 of the federal Clean Water Act. The US Supreme Court opened its new term Oct.
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