In Louisiana v. American Rivers the Supreme Court today granted the request of several states and industry groups to stay an EPA rule to which they object. Remarkably the case will be argued before the Ninth Circuit Court of Appeals next month. But in their five if the Court's six conservatives couldn't wait. They blocked a decision that allowed states to "obstruct" by "their statutory
authority to review infrastructure projects for compliance
with water-quality standards. "
The unsigned order was the subject of a bitter dissent by Elena Kagan with whom Sonia Sotomayor, Stephen Breyer, and John Roberts joined.
Kagan concluded:
By nonetheless granting relief, the Court goes astray. It provides a stay pending appeal, and thus signals its view of the merits, even though the applicants have failed to make the irreparable harm showing we have traditionally required. That renders the Court’s emergency docket not for emergencies at all. The docket becomes only another place for merits determinations—except made without full briefing and argument. I respectfully dissent.
- GWC
https://www.courthousenews.com/trump-era-water-rules-new-flow-draws-out-roberts-liberal-justices/
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