Sackett v. EPA: Supreme Court Takes Up Property Rights Case

Today the Supreme Court will hear oral argument in Sackett v. EPA, one of the most important property rights cases to reach the Court in recent history.  The case involves a complicated statutory scheme created by the Clean Water Act (CWA), which (as relevant here) is enforced by the EPA. In brief, the CWA seeks to protect the “navigable waters of the United States” against pollution.  What makes this case interesting and entertaining (at least for observers) is that the EPA has interpreted the term “navigable waters” to include in … More