Conservative U.S. Supreme Court justices on Monday appeared open to limiting the reach of the U.S. Environmental Protection Agency's authority to protect wetlands from pollution under a landmark environmental law in a case involving Idaho property owners seeking to build a home.
of its new term.
At issue in the case heard on Monday is what test courts should use to ascertain what constitutes "waters of the United States" under the 1972 law - a "cryptic phrase, a strange phrase," in the view of conservative Justice Samuel Alito. "If the federal government doesn't know, how is a person subject to criminal time in federal prison supposed to know?" Justice Neil Gorsuch asked.
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