- Ag Docket
(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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