Lawyers for the plaintiffs in an upcoming Supreme Court case are upbeat about their challenge to the U.S. Environmental Protection Agency’s long-controversial claim that the presence of surface water on private property makes it a protected wetland subject to federal regulations.
The case, Sackett v. EPA, is scheduled for oral argument on Oct. 3.
A ruling against the EPA could limit the reach of the Clean Water Act and allow Americans to relieve pressure on the housing market by building more new houses without becoming entangled in federal bureaucracy. Property rights supporters are encouraged by the fact that in June the court curbed the regulatory reach of the EPA in climate change policy….