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The Supreme Court Attempts to Limit the Army Corps of Engineers' Jurisdiction Over Wetlands "Turtles All the Way Down": Rapanos v. United States |
May 25, 2007
Previously published on July 19, 2006
The question of what constitutes a federal wetland under the Clean Water Act's jurisdictional mantra of "waters of the United States" has plagued builders and developers for some time. The assertion by the United States Army Corps of Engineers ("Corps") that it has jurisdiction over wetlands next to a storm drain or an essentially dry ditch miles from any recognized bodies of water has been of particular concern.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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