Former Officials See High Court ‘Deal-Cutting’ To Avoid Sackett Plurality

Supreme Court Chief Justice John Roberts will likely seek to avoid another plurality ruling on the scope of the Clean Water Act (CWA), even if it does not provide the kind of regulatory certainty some are seeking, though to reach that goal, there will likely need to be some compromises and dealmaking among the justices, Trump-era EPA water officials say. Other legal observers have noted that at Oct. 3 oral argument in Sackett v. EPA , neither the petitioners’ preferred...