Saturday, May 27, 2023

"a continuous surface connection" ...

An aerial view of a large area of privately owned forest that mostly sits underwater, next to the Roanoke River.

The question for the justices was how to determine which wetlands qualify as such waters.
Credit...Erin Schaff/The New York Times.

The fascist court strikes yet again. It's all about the money according to the worst SC in history.

The Supreme Court on Thursday curtailed the Environmental Protection Agency’s authority to police millions of acres of wetlands, delivering another setback to the agency’s ability to combat pollution.

Writing for five justices, Justice Samuel A. Alito Jr. said that the Clean Water Act does not allow the agency to regulate discharges into wetlands near bodies of water unless they have “a continuous surface connection” to those waters.

The decision was a second major blow to the E.P.A.’s authority and to the power of administrative agencies generally. Last year, the court limited the E.P.A.’s power to address climate change under the Clean Air Act.

Experts in environmental law said the decision would leave many wetlands subject to pollution without penalty, sharply undercutting the E.P.A.’s authority to protect them under the Clean Water Act.

“This is a really disastrous outcome for wetlands, which have become absolutely vital for biodiversity preservation and flood control,” said Patrick Parenteau, a professor at Vermont Law School.

Question, what does "a continuous surface connection" to those waters mean as wetlands are 3 dimensional entities, not two but to Alito, scientific accuracy matters not, right?

Nixon must be rolling over in his grave.

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