Although Supreme Court justices were unanimous in backing landowners in a big EPA case, their reasoning in the latest check on administrative authority shows there is still deep division.
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Styled as a concurrence, Justice Brett Kavanaugh’s opinion in Sackett v. EPA on how to determine whether the agency can regulate certain bodies of water read more like a dissent. Joined by the three liberal justices, Kavanaugh accused the five other conservatives of creating a ...