3min chapter

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Sackett v. Environmental Protection Agency - Post-Argument SCOTUScast

SCOTUScast

CHAPTER

Is There a Prior Jurisdictional Determination?

The SACuS knew about the EPA in core determination when they bought the property. The Army Corps's library of site specific jurisdictional determinations is not public record. A lot gets made of the fact that there are prior determinations on properties. My experience in practice is that that is a factor that biases in favor of enforcement.

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