3 ms·
> 45 years of precedent What is this 45-year-old precedent of which you speak? The CWA itself? It's worth noting that the Sacketts have been wrapped up in chal
by aksss 3y ago
> 45 years of precedent
What is this 45-year-old precedent of which you speak? The CWA itself? It's worth noting that the Sacketts have been wrapped up in challenging the agency decision in the courts for nearly 20 years. Regulatory agencies stretching the bounds of their authority until they come to a head in the courts is not unique to the CWA or the EPA, but is a phenomenon typical of the interplay between the Judiciary and Executive branch. A regulatory agency claiming their decisions are not subject to any judicial review is.. a position, I guess.
> Radicalized illegitimate SCOTUS
That comment seems quite radical. SCOTUS unanimously decided this case, FWIW. SCOTUS looked at the plain language of the statute, which seems like a great place to start and end the review. What has been determined to be illegitimate is the breadth of EPA's claimed authority under the law as written.