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From Justice Samuel Alito's concurring opinion in Sackett v. Environmental Protection Agency:
Far from providing clarity and predictability, the agency’s latest informal guidance advises property owners that many jurisdictional determinations concerning wetlands can only be made on a case-by-case basis by EPA field staff. See Brief for Competitive Enterprise Institute as Amicus Curiae 7–13.
Links:
[1] http://cei.org/expert/sam-kazman
[2] http://cei.org/expert/hans-bader
[3] http://www.law.cornell.edu/supremecourt/text/10-1062#writing-10-1062_CONCUR_5