The AP has a brief story here about the oral argument this morning in Sackett v. EPA. Early reports suggest that the justices were very skeptical of the EPA’s position: “Justice Samuel Alito called EPA’s actions ‘outrageous.’ Justice Antonin Scalia noted the ‘high-handedness of the agency’ in dealing with private property. Chief Justice John Roberts said that the EPA’s contention that the Sacketts’ land is wetlands, something the couple disagrees with, would never be put to a test under current procedure.”
We’ll link to the transcript of the argument itself as soon as it’s available.
Meanwhile, Prof. Jonathan Adler has more at The Volokh Conspiracy.