Sackett v. Environmental Protection Agency - Post-Argument SCOTUScast
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Is Section 404G a Donut Hole?
Professor: I'm not sure there's any way to disambiguate those, like that they're always going to be conflated to some degree. Many justices referred to what I thought Justice Barrett's question and point was particularly noteworthy just because who it was coming from and what I heard her to say. She essentially said that if you cut out adjacent wetlands, the way that's worded, it's a donut hole situation where you say the feds can't regulate it. And she was very troubled by a reading of that. So I think this gets to my and I've already alluded to it. I hear what Damien's saying and I see a scenario where he might be right
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