A Wrecking Ball to Environmental Law
Strict Scrutiny
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The Justice's Lifelong Dreams of Killing the Clean Water Act
I really think that this Sacket 2 is just fulfilling Sam Alito's lifelong dreams of killing the Clean Water Act. It doesn't sit well with the idea that consequences do matter when a law burdens property owners whose wetlands might be polluting in nearby waterway. When that happens, we have to get out our red pens and rewrite a landmark law to ease the staggering burden on those property owners. I would just add one more note: whereas Kagan begins her opinion with the stakes,. In contrast, Alito makes hardly any mention of the stakes until the final page of his opinion.
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