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Excessive Fines and Strange Bedfellows

Advisory Opinions

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The 11th Circuit's Decision on Modus

Congress is not going to be interested in touching modus. If you wanted to take a little straw poll right now of members of Congress and how they'd vote on modus, Alito is actually going to be much closer to where the body of Congress is than Kagan or probably even then Kavanaugh. There's not a whole lot of political will to tell homeowners that even more of their land can be regulated by the EPA. Yes, agree with that completely. Yeah, this is a statutory construction case. And if they don't like the if they think that the EPA was too restricted, although I have a feeling that it might be some time before Congress does anything about this.

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