[ALPAPilot]

"Even wetlands that appear dry at times for significant parts of the year -- such as vernal pools-- often provide critical habitat for wildlife adapted to breeding exclusively in these areas."

This may be completely true, but it is completely irrelevant legally.

A 'vernal pool' is not a "navigable waterway of the United States," which is the only basis of Federal regulation under the plain text of the Constitution.

Scalia made this clear in Rapanos vs. United States. He wrote the Majority Opinion in a 5-4 decision. The EPA didn't like it, so they adhere to Kennedy's less strict concurring opinion.

I believe the Sacketts will prevail.

https://www.supremecourt.gov/opinions/05pdf/04-1034.pdf

[itsahoot]

calia made this clear in Rapanos vs. United States.

Unfortunately the supremes don't have police power so the democrats just ignore the decisions they don't like, they win because they know conservatives obey the constitution.

[Scrambler Bob]

“Even wetlands that appear dry at times for significant parts of the year — such as vernal pools— often provide critical habitat for wildlife adapted to breeding exclusively in these areas.”
= = =

Well, isn’t a large swath of Florida now wetlands?

Navigable, even, for a short while (boats piled up prove that).

So, can no one rebuild there?