(defendant allegedly added fill material without a permit to part of his property that was a federally-designated wetland subject to the Clean Water Act; trial court entered summary judgment for government; on appeal, court affirmed on basis that federal government had jurisdiction over alleged wetland under either Justice Kennedy's test in Rapanos (significant nexus test) or the test established by the plurality opinion inRapanos (continuous surface connection test); court joins First and Eighth Circuits in holding that jurisdication present if either Kennedy test or test of plurality satisfied).
CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.