#Bestof2022: 2/2: #SCOTUS: Even more detail on the definition of "navigable waters" and the Clean Water Act argued before the Court. Richard Epstein, Hoover
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 22 November 2023
⏱️ 8 minutes
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Summary
https://www.scotusblog.com/case-files/cases/sackett-v-environmental-protection-agency/
1900 Beaver Dam
Transcript
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| 0:00.0 | Oh great! The Guardian is now delivering newspapers all over the UK to places like Manchester, Edinburgh and many more. |
| 0:06.7 | But what about us dogs? More visits from that pesky postman? |
| 0:10.0 | And look at my parents, totally preoccupied. Up to 25% offer home delivery subscription for them, |
| 0:15.3 | but no belly rubs for me. |
| 0:16.8 | Check whether your area is eligible today and subscribe when you visit the Guardian. |
| 0:20.8 | Com slash autumn delivery. |
| 0:22.0 | offer ends December 3rd, 2023. Open to UK and N.I. Guardian. This is a CVSI in the world. I'm John Bachelor with Professor Richard Epstein of the |
| 0:37.0 | Hoover Institution. He teaches law at NYU in the University of Chicago. He is writing |
| 0:42.4 | at defining ideas about a case that is before the Supreme Court. |
| 0:46.0 | The oral arguments are at hand, but right now no decision, despite the fact that the case has |
| 0:52.4 | been lingering for 15 years as a question of |
| 0:55.3 | the meaning of the word adjacent, the meaning of the word wetlands, the meaning of |
| 0:59.2 | the word navigable. I come to the professor's analysis however that this sacred case must stand next to |
| 1:06.3 | another case that it was of 2022 West Virginia versus EPA what he calls the major questions doctrine, which I take it again as an |
| 1:16.1 | amateur, Richard means that you need clear congressional authorization, not a leap of faith about what Congress meant. |
| 1:25.6 | Well, they're masses of overextension and essentially what the West Virginia case said |
| 1:32.1 | for the Supreme Court is that we have a statute which |
| 1:35.5 | allows you to figure out what the best systems of emission reduction mean and |
| 1:39.1 | everybody understood this is the time that you require people to put filters on machines |
| 1:43.6 | before they send stuff out into the air. And then what happens is the EPA says well |
| 1:47.8 | this gives you the power to change the mix of energy supplies in the United |
| 1:51.8 | States to downplay what is being done with fossil fuels |
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