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A Muddy Decision - The High Court Fails to Define the Corps' Wetland Jurisdiction in Rapanos v. United States
Jill Lambird
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Abstract
government have jurisdiction over wetlands that may be part of a drainage area or tributary system but do not physically abut the "navigable waters" to which the CWA refers? 2 This note explores the Rapanos decision.Part II illustrates the legislative, legal, and administrative history of issues set forth in the case.'Part III details the facts and procedural history of the case.4 Part IV analyzes the plurality opinion by Justice Scalia, concurrences by Chief Justice Roberts and Justice Kennedy, and dissenting opinions by Justice Stevens and Justice Breyer.5 Part V considers Rapanos' legislative, judicial, and social impact.6 Lastly, Part VI concludes the discussion of Rapanos and its effect on federal wetland jurisdiction.
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