In Wetlands Definition Case, Justice Kagan Asks If There’s A 3rd Option

Mealey's (October 3, 2022, 4:23 PM EDT) -- WASHINGTON, D.C. — While a lawyer for an Idaho landowner told the U.S. Supreme Court that it should adopt a new, two-part test for whether wetlands are “waters of the United States” and a U.S. deputy solicitor general said the court should stick with its “significant nexus” test, Justice Elena Kagan at oral argument on Oct. 3 questioned whether there might be a third option...

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