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A Wrecking Ball to Environmental Law
Strict Scrutiny
The Supreme Court's Clear Statement Rule Is Limiting the Legal Tools at Congress' Disposition to Address Pollution
Justice Kagan says the court is creating a thumb on the scale for property owners, no matter that the act is all about stopping property owners from polluting. She likens it in the way that the media isn't quite yet doing enough to what the court did last term in West Virginia versus EPA. The Clean Water Act and the Clean Air Act receive similar treatment, although through different mechanisms with this court.
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