Appellate Judges Press DOJ To Resolve Long-Running EPA Wetlands Suit

Judges with the U.S. Court of Appeals for the 9th Circuit pressed a Justice Department (DOJ) attorney at Nov. 19 oral argument on how to resolve lingering concerns over potential EPA Clean Water Act (CWA) enforcement on an Idaho couple’s land that has been the subject of litigation for more than a decade. Judge Michelle Friedland was especially aggressive in her questioning of DOJ attorney Brian Toth, who was representing EPA in Sackett v. EPA , telling him at one...