Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

SCOTUS Wants To Drain The Swamp, Too

Amicus With Dahlia Lithwick | Law, justice, and the courts

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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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