A footnote for all you environmental consultants out there: I understand from some of your colleagues that the issue of “navigable waters” is more difficult than my comment recognizes. I’ll concede the point, but would think that intelligent implementing regulations could make sense of the term.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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