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SCOTUS Wants To Drain The Swamp, Too
Amicus With Dahlia Lithwick | Law, justice, and the courts
The Court's View on Wetlands
The court has tried to answer this in a series of cases. The proper test should be wetlands are only covered when there's a continuous surface water connection, says Justice Scalia. If we know that this particular wetland is critical for the water quality or for fish then the agencies can regulate it, but it's a bit of a resource by resource, factually intensive," he adds.
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