Amicus: SCOTUS Wants To Drain The Swamp, Too
Slate News
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The Court's Denigration of the Significant Nexus Test
In her dissent, Justice Kagan accuses the majority of appointing itself as the national decision maker on environmental policy. The court denigrates the significant nexus test as not being in the statute. And so we're going to impose something clearer, although a test that says it's difficult to tell where land ends and water begins or whatever is not necessarily so clear either. Those sort of judicially imposed rules end up cutting through the noise of the difficult back and forth about what the statute means.
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