It’s the second decision in as many years in which a conservative majority of the court narrowed the reach of environmental regulations.
In Thursday’s ruling, all nine justices agreed that the wetlands on the Sacketts’ property are not covered by the act.
Conservative Brett Kavanaugh and the court’s three liberal justices charged that their colleagues had rewritten that law. He cited efforts to control flooding on the Mississippi River and protect the Chesapeake Bay as two projects that could be threatened by the decision. In both cases, she noted, the court had appointed “itself as the national decision-maker on environmental policy.” Kagan was joined in what she wrote by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson.
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