sackett could tell. but i can speak to mmunications from the army corps to the prior owner saying th iwetlands and you would need a permit to build and here is information abo h to seek permits. in the appendix, we don't have ctes before it was filled with gravel, but the pictures after they were filled wh gravel show the parts not filled with water have a tein them. and the environmental consultant who looked at the property confirmed these are wetlands. though they are now separated across the see by a road, before the road was built that was not tru it was part of oneetnds complex. >> one last question. you can probably tell that some of my colleaguesreubious this is a ece enough definition of adjacency to survive. , e there any other tests? another test thacod be more precise and more open-ended than the adjacey st or the significant nexus test you use? is there some sort of connection that could be arcuted? >> i wouldayirst if you are in that world you are past the line drawing problem or the notion

sackett could tell. but i can speak to communications from the army corps to the prior owner saying this is wetlands and you would need a permit to build and here is information about how to seek permits. also in the independents -- in the appendix, we don't have pictures before it was filled with gravel, but the pictures after they were filled with gravel show the parts not filled with water have a water in them. and the environmental consultant who looked at the property confirmed these are wetlands. all they'll -- although they are now separated across the street by a road, before the road was built that was not true. it was part of one wetlands complex. >> one last question. you can probably tell that some of my colleagues are dubious this is a precise enough definition of adjacency to survive. so, are there any other tests? another test that could be more precise and more open-ended than the adjacency test or the significant nexus test you use? is there some sort of connection that could be articula

the first time around, the question was really whether the sackett's, who were trying to build on the lot they purchased near priest lake. the epa tried to stop them from building on their lot and not only the first time around and they try to stop them, but they basically said we are going to impose a bunch of penalties if you go forward. the court unanimously last time around said that is not right. you get the ability to challenge for the government precludes you from being able to develop your lot. the question goes back to the ninth circuit and now the question the ninth circuit has decided and does before the court is another that might sound kind of familiar from a previous supreme court case, and that is what is the reach of the waters of the united states for purposes of figuring out the scope of the clean water act? this was an issue before the supreme court about 15 years ago in a case i actually argued while i was in the sg's office. as often happened in the court back at that time, there were four justices that had a very clear view that would have limited federal jurisdi

even so sackett hopes before other sobering centers open up across the nation. more planning is put into addressing neighbor concerns. >> and that was alex caprariello reporting for us tonight. the san francisco department of health says the sobering center was strongly supported by neighbors when it was first introduced as a potential solution to the drug overdose crisis in san francisco in the 3 months since opening the city says it is met with neighbors in the community 3 times and is consistently making adjustments to respond to their suggestions. in the north bay narcotics, detectives seized more than 72 pounds of meth. >> from a man in santa rosa yesterday, officials arrested 28 year-old jose sanchez at his house on lima's court near the super chavez market. officials also found they say 2 handguns in his home. sanchez was charged with possession of a controlled substance and guns. see also had several warrants, including a probation violation and a dui. we'll keep you posted there whether time take a live look outside here. this is the view out 10 where y

kennedy: sackett v. the court rule on this this a family, they had a home under construction, a beautiful place like idaho, and the epa ended up fining them tens of thousands of dollars a day because they weren't properly permitted because navigable wetlands are somehow forbidden territory. >> this is a really kafka-'sesque case that's been dragging on for 16 years. the court needs to draw a bright line so that people know what's the water of the united states, that's a statutory term, and what's not. the epa wants a rule that says any marsh, swamp or puddle on your lawn that may be part of the same ecosystem as another water 30, 100 feet away separated by a highway could still be subject to their jurisdiction. no one -- if that's the rule, no one's going to know in advance, and everyone's going to have to litigate it. i think they should side with sackett who wants a bright line rule if your water is actually connected to, in this case, the lake, the river, the stream, the thing that's obviously water.

even so sackett hopes before other sobering centers open up across the nation.ore planning is put into addressing neighbor concerns. >> feliz alex cappa priolo reporting at this san francisco department of health says that the center was strongly supported by the neighbors when they first opened it it was supposed to be a solution to this crisis in the 3 months since opening. the city says it has met with the neighbors 3 times and is consistently making adjustments to respond to their suggestions. okay care coalition, alaska airlines is still frontrunner for most caring airline. funshine bear, you did some of your own research, right? i sure did. ♪ according to the web, their program's number one, ♪ ♪ earning alaska miles is quicker and more fun! ♪ cute! ooh, that was wonderful, sweetie! oh, oh, oh, i have a song about their cheese plates. ♪ cheese please! cheese please! cheese please! cheese please! ♪ uh- it's time for lunch. aw... ♪ ♪ aw... and if you want to check out space will get to the edge of space anyway. you won't have to wait very long. a madrid based

even so sackett hopes before other sobering centers open up across the nation. more planning is put into addressing neighbor concerns. >> and that was alex capariello reporting the city's department of health says that center was supported by neighbors when first introduced as a potential solution to the drug overdose crisis in the 3 months since the opening representative say they have met with neighbors 3 times and often make adjustments to respond to complaints 2 months into the school year. west contra costa unified school are still they're still trying to fill about 60 teacher vacancies are 18 vacancies at the elementary schools. >> about 16 at both the middle and high schools and 26 special education vacancies. they are on boarding several new ones and getting 27 teachers in december from the philippines to that, teach us a program. hundreds of other positions such as custodians counselors, librarians speech, pathologist secretaries, tutors and classroom aides are also open. >> for your money, president biden's student loan forgiveness program could be in

even so sackett hopes before other sobering centers open up across the nation.more planning is put into addressing neighbor concerns. >> that was alex caprariello reporting the san francisco department of health says the sobering center was strongly supported, but the neighbors when it was first introduced 6.51. is a time. other news that we're following is coming up. so don't go away. i see it in my office all the time. kids getting hooked on flavored tobacco, including e-cigarettes. big tobacco lures them in with flavors like lemon drop and bubble gum, candy flavors that get them addicted to tobacco products, and can lead to serious health consequences, even harming their brain development. that's why pediatricians urge you to vote yes on prop 31. it stops the sale of dangerous flavored tobacco and helps protect kids from nicotine addiction. please vote yes on 31. vote yes on prop 31. there is nothing glamorous about migraines. since i was a teenager the pain has taken me away from my family and friends. but i finally found relief with nurtec odt it's the only

even so sackett hopes before other sobering centers open up across the nation. more planning is put into addressing neighbor concerns. >> and that was alex caprariello reporting for us. the san francisco department of health says the sobering center was strongly supported by neighbors when it was first introduced as a potential solution to the drug overdose crisis in san francisco in the 3 months since opening, the city says, but that facility has met by the representatives, have met with neighbors in the community 3 times and is consistently making adjustments to respond to their suggestions. a protest happened at san francisco state disrupting a debate between candidates for san francisco's district attorney job use activists opposing the current da brooke jenkins and her plan to prosecute some underage offenders as adults stormed the venue. as you can see there. and we're told the situation that tends to the point that all the candidates got up and walked out. we're working to find out if this forum will be rescheduled. families of shooting victims involving

thought the justices at the end were struggling with some sort of middle ground between what the sacketts arguing and what the government wants to do. judy: this is the first day of the term. it's been anticipated not just because it's the first day, but because we have seen tensions and trust of the court at historically low levels. josh: normally in the summertime, justices take time off, go to their vacation home some teach in europe, but we have seen this unusual back-and-forth develop, chiefly led by justice elena kagan, who has come out in public speaking and said the justices have looked in a political way towards producing an outcome. the chief justice seemed unhappy earlier in the month about this exchange and about elena kagan's criticism without directly going after her. judy: she's been speaking out without going after a justice, but making your he is not comfortable. all of this happens as we are headed into a term with a long list of contentious and controversial cases. name a few of the ones who are watching. >> if you define last term by the abortion ruling, this will dec

sackett versus the epa, it could define the limits of the clean water act which gives the epa authority to regulate water pollution. these are one of several waiting cases the highest court will consider this term at the end of the month the court will hear a case of universities considering race in admissions decisions for 13 minutes after the hour. terrifying stories out of chicago this morning. a seven year old boy shot on his way to church. new video showing the moment a mom and daughter are carjacked right in their own driveway. >> [screaming] >> todd: my gosh. >> carley: hard to listen to. >> todd: another crime field fid weekend. >> will let you go. >> in your opinion, is the border secure? >> i haven't even given the speech. >> i'm bill melugin with fox news. do you have a moment to talk about the border a bit? >> carley: our very own bill melugin bringing the crisis of them on capitol hill. we are going to show you the complete tape coming up next. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance pol

amy:, become the supreme court heard oral arguments in the case of sackett vs. epa. the case challenges the clean water act and the federal government's ability to protect and preserve wetlands. during oral arguments justice , ketanji brown jackson question a lawyer for the family which sued the epa. let's listen. >> why is it your conception of this does not relate in any way to congress' primary objective? do you dispute the primary objective stated in the statute 1251 is that congress cared about making sure the chemical, physical, and biological integrity of the nation's waters was protected? >> justice jackson, we don't dispute that. however, no statute pursues its objective at all costs. that limitations in the statute are as much part of the purpose as its affirmative authorization. >> so why didn't congress say this immediately? if they were trying to achieve something different than what the regulations had said about adjacency, if they were balancing their concerns about protecting the integrity of the navigable waters with the property interests in the sta

introduce the topic by going all the way back to the beginning of the panel and talking about that first sackette where the question was, did the family essentially have to sort of wait through the epa process before they could bring their challenge, or could they say at the beginning of the process, wait a second, this is crazy, our property is not within the jurisdiction of the federal authorities. it's sort of an an abuse question -- able goes -- an gus question that arises all the time particularly when the challenger thinks that there is something structurally problematic. about thee agency. and that could be everything from your whole agency's unconstitutional and humphries executor should be overruled, or it could be something more modest like, okay, the first thing that's going to happen to us when we walk into this agency is we're going to have a hearing before an administrative law judge who is not removing bl by theju ftc or the president, but is, like, removable for cause by the merit system protection board which in turn is only, you know, removable for cause, and that violates the

. >> mark sackett says the facility isn't listening to the neighbors. complaints summarize has yet to comment on that. meantime, the city's department of public health says the facility has been successful in taking in more than 1000 people, providing them medication and sometimes even taking them off the streets. >> next in sports, christian mccaffrey back home today. joining us know 40 niner santa clara. we'll hear from the former stanford star and get former stanford star and get i see it in my office all the time. kids getting hooked on flavored tobacco, including e-cigarettes. big tobacco lures them in with flavors like lemon drop and bubble gum, candy flavors that get them addicted to tobacco products, and can lead to serious health consequences, even harming their brain development. that's why pediatricians urge you to vote yes on prop 31. it stops the sale of dangerous flavored tobacco and helps protect kids from nicotine addiction. please vote yes on 31. vote yes on prop 31. news from san jose to tell you about police on the scene of a hit and

parents, though, tell kron 4 sackett that the school should have taken action a long time ago. >> parents say benjamin casas worked at this school po valley elementary for nearly a decade and even after he was let go in 2019, he continued to show up and participate in school events probably like the hardest talking ever had in my life. >> i never imagined that this would be my own backyard. damian, all emotional and angry after revelations about a former employee at pope valley elementary school in napa county. >> where his 7, 8, 11 year-old a tent. napa county sheriff's office charged. 33 year-old benjamin kosice with 19 felony counts related to crimes involving a child younger than 14 years old. all says he later learned that the alleged crimes had been going on for many years. and speaking to one of the victims >> he's 17 now that it started when she was 10. just unbelievable that he was able to they maintain that. for so long to like the voice of the victims was never heard. and 100%. it's because of the principle that was in place. it's because the staff is in place. it was because o

so there was a lot of discussion about what the lower federal appellate court's test was and the sackettat brought the case of the supreme crt, they are asking for a test that really would allow them to build their family home on the lot that the government has said is a wetland and they cannot do that so i thought the justices, at the very end, were really suggling with some sort of middle ground here. between what the family was arguing and what the government wants the court to do. judy: this is the first day of the term. it has been anticipated in so many ways not only because it is an injustice but because we are seeing tensions in the core and public trust of this court at almost historically low levels. josh: there has been an unusual exchange in the last few weeks. during the summertime, the justices go to their vacation homes and so forth. some of them teach in europe but we have seen this unusual back and forth that has developed over the last couple of months, chiefly led by justice kagan, who has come out in a series of speaking appearances and said that she thinks some of th

. >> joining me now, sackett sony, executive director of resilience force.ning me. you are in miami now, and you have a team of 1000 workers helping rebuild the parts of florida impacted by the hurricane. could you describe to me the extent of the damage your team has encountered there on the ground? >> absolutely, and it's great to see you. we are in port charlotte today in fort myers and in many of the other hubs of destruction after hurricane ian. it doesn't look good. we are seeing roads that are impenetrable, homes that are still underwater or lifted from their foundations outright. people who have been made homeless overnight. the good news is that help is here and more is on the way. the workers that you mentioned are the resilience workforce. these are the resilience workers who are skilled and trained, having rebuilt american cities after hurricanes in the last 15 years. these are people who have rebuilt new orleans after hurricane ukraine katrina, and hurricane harvey. there are going to be wake up in the morning tomorrow in their pick up trucks in

today, the first case they'll hear is in the environmental realm with a case of sackett versus the epabe fewer restrictions on what qualifies as clean water. so, it gives you a sense how these are things that cover all different parts of american life. there are a lot of people, members of the public, who have lined up here in front of the supreme court, to try to get a chance for a seat inside the courtroom today. there will be limited seating. fewer seats than we typically have, the court had. very strict covid rules during the last term. the court will be open but with more limited seating as it gets under way today. and this is, of course, the first day for this new court, but what hasn't changed is now the court is balanced. still a super majority for conservatives, six of them, three liberals so ketanji brown jackson's arrival here doesn't change that balance, joe, mika. >> nbc's kelly o'donnell thank you very much for kicking that off for us, we appreciate it. let's bring in former u.s. attorney and former deputy assistant attorney general harry litman. other issues they're look