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Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Released Tuesday, 20th June 2023
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Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Ep 86: Sackett v. EPA Decision — What the Justices Said and What this Means for Water

Tuesday, 20th June 2023
Good episode? Give it some love!
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Harvard Law Professor and EELP’s Founding Director Jody Freeman, who is also an independent director of ConocoPhillips, speaks with Harvard Law Professor Richard Lazarus and University of Wisconsin Madison Professor of Law Steph Tai about the US Supreme Court's recent decision in Sackett v EPA.

They discuss how the Court’s reliance on a dictionary definition of waters will drastically limit Clean Water Act protections: severely shrinking what qualifies as covered wetlands and streams, and as a result, enfeebling the federal government’s ability to protect the larger water bodies the act still clearly covers. With a deep dive into the history of the Clean Water Act, the Supreme Court’s prior decisions, and the science of watersheds, they put into context how the Sackett decision flies in the face of what Congress intended when it passed this landmark legislation.

Transcript (PDF): http://eelp.law.harvard.edu/wp-content/uploads/CleanLaw-86.pdf

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