Precon Development Corporation, Inc. v. United States Army Corps of Engineers, et al. 633 F.3d 278 (4th Cir. 2011), rev'g, 658 F. Supp. 2d 752 (E.D. Va. 2009)

(defendant claimed jurisdiction over 4.8 acres of wetland located on plaintiff's property that was approximately seven miles from nearest "navigable" water; defendant claimed jurisdiction on basis that 4.8 acres were adjacent to ditch that qualified as "waters of the United States", thus defendant denied plaintiff permit to develop 4.8 acre tract; claim of jurisdiction consistent with Justice Kennedy's test set forth in Rapponos as being "similarly situated" to the wetlands at issue; however, there was insufficient physical evidence to establish the required "significant nexus" - simply saying that an adjacent tributary flowed into the subject area without any measurements of actual flow is not enough).   

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