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Sackett v. Environmental Protection Agency - Post-Argument SCOTUScast

SCOTUScast

CHAPTER

404 G - Is That a Vague Rule?

I think Justice Kagan did a pretty good job of demonstrating that, you know, adjacent and neighboring are two different ways of looking at it. That the somewhere nearby adjacent approach to it doesn't really give you administrable rules for statutes with criminal penalties. I have a tough time imagining EPA finalizing that rule before an opinion in this case. It seems very clear that significant nexus will not be an available standard for them to adopt in regulations.

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