Podcast: Sackett v. EPA - SCOTUS Preview: Immediate Judicial Review, Or Death By A Thousand Days?

Yesterday, I gave an informal presentation to the Natural Resources Section of the Hawaii State Bar Association about the case currently pending in the U.S. Supreme Court regarding the ability of property owners to challenge a determination by the U.S. Environmental Protection Agency that their property contained "wetlands" under the Clean Water Act, Sackett v. United States, No. 10-1062 (cert. granted June 28, 2011).

We videotaped the session, and (if tech cooperates) we will post the video. But in the meantime, stream the audio below, or download the 45mb mp3 here:

Here are the links to the briefs that have been filed in the case (so far):

• Petitioner's Brief

• Amici briefs supporting Petitioner (except the States' brief)

• The amici brief filed by several states, including Hawaii, in support of the property owners.

• Here are the cert stage briefs.

Here's the Court's docket report. We will post the Respondent's Brief when it becomes available, and any amicus brief filed supporting the Respondent. Below are links with more video and information about the case:

• Pacific Legal Foundation (my colleagues who represent the property owners) resource page.

• Video of a recent congressional hearing. 

• NPR's story, with photos and audio.