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A Wrecking Ball to Environmental Law

Strict Scrutiny

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The Clean Water Act Is a Potent Weapon for Regulating Private Property

Alito: Clean Water Act imposes crushing consequences even for inadvertent violations. Justice Kagan's separate writing kind of describes how the court has done just that. A rule says the court isn't limited to what the law says unless it's said extremely explicitly in cases and affecting property rights, Alito writes. "This is a freestanding wrecking ball for environmental law," he adds.

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