United States v. Donovan, 661 F.3d 174 (3d Cir. 2011)

(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). 

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