The U.S. Supreme Court’s 2012 decision in Sackett v. Environmental Protection Agency, a landmark in the conservative campaign to weaken the administrative state, could soon make its way back to the high court.
The court ruled that the Sackett family, blocked by the EPA from building a house on their Idaho half-acre lot, had the right to challenge the agency’s Clean Water Act enforcement order in court. In a 2017 Federalist Society speech, then-White House Counsel Donald McGahn praised the ruling as a win in the war against “regulatory despotism.”
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