[pierrem15]

"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.

SCOTUS needs to tell EPA to pound sand.

[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