4min chapter

5-4 cover image

Sackett v. EPA (Sackett II)

5-4

CHAPTER

The Court's Judgment on the Saccots Property

Congress has the ability to regulate interstate commerce that has always Incontrovertibly included what are called the channels of commerce. The court here is interpreting adjacent to be adjoining Kavanagh using his big brain and saying like those are two different words They mean two different things But beyond the textualism in the opinion though there is a nod here by kavanagh to federal agency expertise federal agency practice over the course of decades There are big consequences. He says right some adjacent wetlands that have long been regulated by the clean water act Will now no longer be protected by the law.

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