United States v. Freedman Farms, Inc., 786 F.Supp.2d 1016 (E.D. N.C. 2011)

(in determining proper interpretation of phrase "waters of the United States" for purposes of the Clean Water Act and the federal government's jurisdiction, Justice Kennedy's "significant nexus" test expressed in Rapanos v. United States, 547 U.S. 715 (2006), is the only test to be used in determining jurisdiction; federal government may not base jurisdiction on satisfaction of either the Kennedy test or test set forth by plurality opinion; while not ruling specifically on EPA Draft Guidance of April 27, 2011, court's opinion refutes expansive jurisdiction claimed by EPA in Draft Guidance by asserting that jurisdiction could be based on either the Kennedy test or the plurality test of Rapanos).