Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?, in a recent issue of Environmental Law. Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett … Continue reading
Earlier this year, a poultry farmer sued the EPA challenging a compliance order which alleged that the farm’s operations violated the Clean Water Act. The EPA — apparently familiar with the butterfly effect — claimed that dander and dust particles from the … Continue reading
Now available online is Cato’s 2011-2012 volume of its Supreme Court Review. In it, you’ll find my article on Sackett v. EPA. The piece not only discusses the decision and its impact on EPA’s enforcement of the Clean Water Act, … Continue reading
Last week, I spoke on a panel at Cato’s annual Constitution Day conference. The panel’s focus was the Supreme Court’s recently completed term, viewed from a property rights perspective. I spoke on Sackett and the decision’s significance for Clean Water … Continue reading
You’ll recall the brouhaha begun a few months ago when a senior EPA official was quoted as saying that it would be “same old, same old” at the agency irrespective of the Supreme Court’s decision authorizing landowners to sue when they … Continue reading
Check out the latest edition of the Federalist Society’s online publication Engage and you’ll find a casenote on Sackett. … Continue reading
Tomorrow at 1pm EDT I’ll be speaking about Sackett v. EPA on a teleforum hosted by the Federalist Society. I’ll be joined by Professor Richard Frank of the UC Davis School of Law. It’s free, just call in to 888-752-3232.