Posted on 05/25/2023 8:53:31 AM PDT by CFW
The court issued two opinions this morning that may be of interest to Freepers.
The first, issued by Justice Barrett was:
Sackett v. Environmental Protection Agency, No. 21-454 [Arg: 10.3.2022 Trans.; Decided 5.25.2023]
Holding: The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters” of the United States — i.e., with a relatively permanent body of water connected to traditional interstate navigable waters, 33 U.S.C. § 1362(7) — making it difficult to determine where the water ends and the wetland begins.
The second, by Justice Roberts was:
Tyler v. Hennepin County, Minnesota, No. 22-166 [Arg: 04.26.2023 Trans.; Decided 5.25.2023]
Holding: Geraldine Tyler plausibly alleges that Hennepin County unconstitutionally retained the excess value of her home above her tax debt in violation of the takings clause.
(Excerpt) Read more at scotusblog.com ...
And this is exactly why you can’t give an inch to government hacks...the idea that the definition of the term ‘navigable waterways’ needs to be determined by SCOTUS is in and of itself an abomination.
That Minnesota case is interesting in that a concurrent opinion was issued by Gorsuch and Jackson. Talk about an odd couple.
I think, if you search, you will find "navigable waters" applies even to canoes transporting fur, even if only at high water periods.
For example, rivers and creeks which were used to transport logs for commerce, are considered navigable waters.
Nearly all waters that flow into the great watersheds existing in the United States are considered navigable waters.
If a creek cannot float a canoe at the high water mark, it will not qualify.
Something read about the ruling.
Kavanaugh warns of repercussions:
Justice Brett Kavanaugh, joined by three liberal justices, said that while he sided with the plaintiffs and against the EPA, he disagreed with the court’s definition of what types of waters should be subject to government regulation. The court’s ruling, Kavanaugh warned, would have “significant repercussions for water quality and flood control throughout the United States.” Kavanaugh, a Republican appointee, was joined by Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, all Democratic appointees.
As I recall, it has been determined many times by lower courts, and probably by the Supreme Court a time or two as well.
“That Minnesota case is interesting in that a concurrent opinion was issued by Gorsuch and Jackson. Talk about an odd couple.”
That definitely was an interesting pairing.
I expect there to probably start being two opinion days a week after the Memorial Day weekend holiday. There are about 30 undecided cases remaining so they are going to have to hand down 7 to 8 opinions each week.
The North Carolina redistricting case is one. Some expected them to dismiss the case as moot, but they haven’t yet so SCOTUS may actually issue a decision on that case.
I seem to remember another case involving property rights where Jackson voted with the conservatives.
God bless and protect Justice Thomas!
Outdoors/Rural/wildlife/hunting/hiking/backpacking/National Parks/animals list please FR mail me to be on or off . And ping me is you see articles of interest.
Here is an article on the ruling from cowboystatedaily.com
“U.S. Rep. Harriet Hageman, R-Wyoming, also praised the decision, saying in a press release that it’s “a great day for Wyoming, a great day for private property rights, and a great day for farmers and ranchers. It is, however, a sad day for unelected bureaucrats who think they should be able to dictate how we use our land and water.””
And with that little finding the burden of proof is shifted from the individual to the agency to show a continuous surface of water connecing US waters to the wetland to be connected.
I didn’t deny the worth of the judges and Justices who were confirmed to the bench. As far as your analogy, I called them pests in the sense that they plagued us with their hidden deceit. How many of them are still in the position they were when their TDS compelled them to scurry from hiding? The shining of the light has made them leave the house, so to speak, no “extermination” needed.
The Sackett case was on Priest Lake, Idaho. The property they bought was separated from the lake by a ROAD. Their property was a bit marshy and they were beginning to fill it in to make it buildable. The EPA told them to decease the fill or face fines of $44,000 per day. It was a real stretch of the i,agitation to declare the lake extended under the roadway to the soft, wet area they had purchased, but the Army Corps of Engineers and EPA made that argument. The Sacketts eventually gave up and moved to Montana.
This is an excellent ruling bringing a bit of sanity back to “the waters of the United States.”
That frat boy overruled Roe, expanded gun rights, supported religious liberty, etc. On the big cases, he’s there, even when there is pressure. So what if on one EPA case he sides with the libs, especially when it’s a meaningless minority opinion. And so what if, like in Dobbs, he writes a concurrence that tries to paint himself as a moderate. Let him do his thing as long as he is generally doing the right thing. It’s about counting to five. Some of you folks just want to be unhappy. You’re acting like he’s an O’Connor or Kennedy. He’s not even close.
And everyone is singing Gorsuch’s praises, but of the three Trump justices, he went off track the most in a case that mattered. But whatever. They’re all good. And conservatives even here don’t agree with each other all the time. The purity stuff gets old.
does anyone know if this was decided with the girl who doesn’t know what a woman is? Or was this a decision made when Breyer was on the court?
I mean, man, if Sleepy Joe’s SCOTUS appointment ruled against EPA, that is sweet!!
AHH Yes; the SACKETT BRAND, I sure miss Louis L’Amour’s writing.
Brought you right into the tall cold timber lands, the tall grass prairies, and the hot sands and rock of the the western deserts.
got hooked back in the day when I was in the service...great reads on the flights from cali-chicago and back. I think I’ve read everything he has written.
Does their “DRY WASH” connect to any NAVIGABLE WATERWAY or NAVAGIBLE LAKE, during the flashflood season, is that wash “NAVIGABLE” during the flashflood season?
I lived in the northern Mojave Desert for many, many years, saw lots of flash floods, NONE OF THEM WERE NAVIGABLE, except by the fools who had their motorhomes and dune buggies at the bottom of Deadfoot and Five Mile canyons.
Strange site to see headlights tumbling over and over as they go down a canyon that is dry as a bone 10 months out of the year.
All that water(and those dead bodies) just goes down to the bottom of Indian Wells Valley then evaporates in the heat.
In the case of the Los Angeles River a court said “navigable’ applied if a kayak could navigate. But it must be able to navigate to and from an ocean.
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