Justice Roberts
How Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGJustice Roberts Relied on Utility Air Regulatory Group in Upholding Obama Subsidies
The Chief Uses Scalia’s Words Against Him and I Can’t Resist Saying “I Told You So”
Today’s opinion in King v. Burwell is a victory for common sense, not to mention for the millions of people who get subsidies under the Affordable Care Act to pay for health insurance. In determining that the subsidies for health insurance extend not only to states that established their own exchanges but also to individuals served …
CONTINUE READINGJustice Roberts Should Welcome EPA’s Proposed New Wetlands Rule
The Environmental Protection Agency today issued a proposed new rule that seeks to clarify exactly how far the federal government’s jurisdiction reaches in requiring permits for the dredging and filling of wetlands. In doing so, President Obama’s EPA is responding directly to Chief Justice John Roberts’ lament in his concurring opinion in Rapanos v. United …
Continue reading “Justice Roberts Should Welcome EPA’s Proposed New Wetlands Rule”
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