Kagan Spars With Roberts Over Septic Tanks, Agatha Christie

Law360, Washington (November 6, 2019, 7:02 PM EST) -- Justice Elena Kagan and Chief Justice John Roberts got into an extended tiff at a U.S. Supreme Court hearing Wednesday that began with a discussion about septic tanks and veered into a colloquy about Agatha Christie whodunnit novels before Justice Neil Gorsuch jumped in to referee the dispute.

The dust-up started with a hypothetical that Justice Samuel Alito posed to an attorney representing the Hawaii Wildlife Fund and other environmental groups in Wednesday's oral argument about the Clean Water Act's jurisdiction. Justice Alito queried whether pollution that flows through groundwater is subject to the law's pollution restrictions and, if so, what’s to stop the average homeowner with...

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