
Sackett v. Environmental Protection Agency - Post-Argument SCOTUScast
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The Sack
Rapanos was decided, of course, before Rapanos. So the jurisdictional theory that might have underlain that that determination also would have been pass a now I take Professor Stames point that that it would have had if they had known about it, it would have some some relevance to the question. But again, that's a little undercut by the EPA's position yesterday that they're not really relying upon the fact that the lot is really close to Priest Lake. They're relying on the fact that it's supposedly adjacent to the ditch on the other side of the road on theother side of the property.
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