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The John Batchelor Show

#SCOTUS: The limits of the EPA and "navigable waters." Richard Epstein, Hoover

The John Batchelor Show

John Batchelor

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4.52.8K Ratings

🗓️ 27 May 2023

⏱️ 15 minutes

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#SCOTUS: The limits of the EPA and "navigable waters." Richard Epstein, Hoover

https://www.wsj.com/articles/epa-supreme-court-clean-water-act-f99db6f2?st=4144wdba3l8uccz&reflink=article_gmail_share

Transcript

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0:00.0

This is CBS, I am the world. I'm John Batchett. The Supreme Court, I welcome Professor Richard Epstein,

0:06.4

a senior fellow at the Hoover Institution Teachers Law at NYU in the University of Chicago,

0:11.3

on over these last months and year, Richard has been very generous in his column for defining ideas

0:17.5

to write up the three cases before the Supreme Court, argued orally.

0:23.0

Those cases are now decided upon by the Court, and we have decisions in which Richard's recommendations

0:30.0

have comported exactly with the results. We're going to seize on just one of them.

0:34.6

One of them is about wetlands, one of them is about a property and taxes, and one of them is about art.

0:42.9

We're going to seize on the wetlands piece because this is the one that speaks to a history of the EPA's

0:49.9

power that has overreached, the administrative states overreached, meeting the court's resistance.

0:55.6

Richard, a very good evening to you. The Wall Street Journal headline is alarming within these last hours.

1:03.0

Supreme Court further erodes EPA's power, subhead Justice Limit Agency's authority over wetlands

1:10.4

after curbing its role in coal emissions last year.

1:15.0

We're touting up how the Conservative Supreme Court is challenging the administrative state,

1:22.0

which is a topic you've written about for years. I want to be very specific about this present

1:26.8

decision because my memory of it is that it turns on the claim by the EPA that a sometimes

1:35.0

piece of water that has no connection to navigable waters comes under the authority of the EPA,

1:41.2

and therefore they can order or give orders or give challenges to property owners.

1:48.1

You've argued very carefully that it's not, well, I'm going to interpret it in my way.

1:52.4

It's not common-sensical, but the court now has come up with a decision that looks divided.

1:58.6

Good evening to you, Richard. Yes, it is divided on the nuances, but there's a clear direction.

2:04.1

The power of it you mentioned with respect to the decision in the West Virginia case is most

2:10.4

applicable. At issue in that particular case is what do you mean by the best system of emissions

...

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