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Overnight Energy & Environment High court to hear case on water rule
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Overnight Energy & Environment High court to hear case on water rule

Overnight Energy & Environment High court will hear case on water rule

Mondays Overnight Energy & Environment – Welcome!The Hill is your source for the most recent news on energy, the environment, and beyond. Subscribe

Today we see the Supreme Court agreeing that they will hear a case on the Waters of the United States Rule, a warning from climate envoys John KerryJohn KerryBiden’s second-ranking climate diplomat stepping down A presidential candidate pledge can right the wrongs of an infamous day Equilibrium/Sustainability Dam failures cap a year of disasters MOREA glimmer for hope for the infrastructure bills climate provision.

Rachel Frazin was the Hill’s editor and Zack Budryk was its reporter. Send tips to [email protected], [email protected]. Follow us on Twitter@RachelFrazin@BudrykZack.

Lets jump in.

Supreme Court reviews wetlands protections

The Supreme Court will examine the question of which wetlands are protected under the Clean Water Act. This case can have serious implications for water quality and business operations.

Monday: The courtAccepted to Take upThe question of which legal test should be used in order to determine if certain wetlands are protected by federal law is a pertinent one.

How did we get here?The case of Michael Sackett and Chantell Sackett is at issue. They started building a home in 2007 on a vacant lot they owned. The Sacketts had obtained permissions from local authorities to build their home, but the Environmental Protection Agency determined at the time that it was a violation the Clean Water Act as the lot contains wetlands that could be protected.

Last year, the 9th Circuit appellate Court ruled against them. It used an opinion written by Anthony Kennedy (ex-Supreme Court Justice) that stated that regulation of wetlands should depend on whether they are in close proximity to traditional regulated waters like rivers and lakes.

Here’s the tricky part:The 2006 case that gave rise to the significant nexus test was the concurring view to a narrower test created by then-Justice Antonin Scalia. Scalia’s test would have only applied to wetlands that have a continuous, surface-level connection with traditionally regulated bodies.

Find out more about this case here.

Kerry warns the world that they are not on the right track

John Kerry, U.S. ambassador to the United Nations on Climate Change, warned Monday that the world is in trouble. He also warned that the United States is not doing enough to reverse climate change.

Let’s be truthful, but let’s also be direct and hopefully motivating. I hope everyone can see that we are in trouble. Kerry stated that while there is no trouble we can’t get out of, they are not on a good path, at a U.S. Chamber of Commerce conference.

The former secretary to State stated that a lot good things are happening and that a lot of positive things came out of Glasgow. This was referring to the COP26 summit held in Scotland last November.

Good news and bad:He stated, however, that there were already tipping points reached, citing recent research that found the Arctic is warming at four times the rate of the rest.

We are also witnessing the effects of floods, fires, mudslides, and extraordinary heat in different parts of the globe.

Kerry said that leaders and humans must be compelled to respond to this. He was encouraged by the number private sector entities that declared net-zero goals at summit.

However, the former Democratic presidential candidate expressed dismay at the increase in U.S. coal production after the country reached a half century low in 2020.

Find out more about Kerry’s remarks here.


President BidenJoe BidenUS threatens broad export controls against Russian Industries Headaches intensify for Democrats of Florida US orders families to leave Ukraine for embassy staff MORELast week’s comments at the press conference give momentum to climate sections of his spending agenda. Legislators call on Congress to pass the Build Back Better legislation.

Refresher:Biden expressed his confidence that lawmakers could pass at least $500 billion in energy spending and environmental spending. This figure is close to the amount that the White House proposed spending in October on climate change.

He also suggested that the entire package may need to be dismantled to pass. After months of negotiations, weary legislators are now trying to push for climate action to the finish.

Sen. Tina SmithTina Flint SmithBiden comments boost spending bill’s climate measures Democrats call upon Biden administration for an easier entry to the US for at-risk Afghans Climate activists are hopeful after Manchin’s spending comments(D-Minn.), told The Hill in an interview on Thursday.

Based on where we’ve been and the comments that Sen. [Joe]Manchin has made a statement about the climate provisions that were being negotiated up until the end last year. It seems like those parts of the old Build back Better bill should be in pretty good form, she added.

Manchin has supported the environmental provisions. However moving ahead would mean cuts in other programs, including an expanded credit for children, to win his vote.

Smith stated that it was important to be practical and extract as much value from the negotiations as possible.

She said, “I am a progressive in my caucus, but I’m also practical.”

Her comments are in line with similar statements made by others. Chairperson of the Senate Finance Committee Ron WydenRonald (Ron Lee WydenBiden’s comments add momentum to climate bill’s spending bills These Senate seats are up to election in 2022 Democrats ask for Biden administration support for Afghans at-risk of being denied entry to the USA MORE(D-Ore.), said last week that he viewed Biden’s latest comments as creating a path to a few provisions where we have a lot of support. It all starts with climate. It all starts with health care.

You can read more about his comments on momentum here.


  • How many people got a toxic chemical in the water they drink (????)Politico)
  • Could Florida be able to turn off the sun? Advocates claim that a bill backed by utilities would threaten rooftop solar in Florida (CNN)
  • Commerce Secretary Raimondo (Yahoo Finance)
  • The Nations Dollar Stores still stocks old-fashioned, inefficient light bulbsThe New York Times)
  • Study finds that Canada’s Shell massive carbon capture facility emits more than it captures.CNBC)


  • TheHill will publish a four-part investigative series that Rachel and Sharon Udasin, our colleague, will begin Tuesday. It examines the legal hurdles individuals face when exposed to toxic chemical substances.
  • The first installment of’s newsletter is available at tomorrow morning and Tuesday.

This is it for today. Thanks for reading. Check out The HillsEnergy & Environment PageFor the most recent news and coverage. Check out the video below.YouTuesday.

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