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Rapanos v. United States

Docket No.: 04-1034
Certiorari Granted: 10/11/2005
Argued: February 21, 2006
Decided: June 19, 2006
Consolidated with: CONSOLIDATED WITH 04-1384 FOR ONE HOUR ORAL ARGUMENT.

Topics:

Economic Activity, Natural Resources

PartyNames: John A. Rapanos, et ux., et al. v. United States
Petitioner: John A. Rapanos, et ux., et al.
Respondent: United States Army Corps of Engineers, et al.

Court Below: United States Court of Appeals for the Sixth Circuit

John A. Rapanos, et ux., et al.
v.
United States Army Corps of Engineers, et al.
547 U.S. 715 (2006)
Question Presented:

1. Does the Clean Water Act prohibition on unpermitted discharges to "navigable waters" extend to nonnavigable wetlands that do not even abut a navigable water? 2. Does extension of Clean Water Act jurisdiction to every intrastate wetland with any sort of hydrological connection to navigable waters, no matter how tenuous or remote the connection, exceed Congress' constitutional power to regulate commerce among the states?

Question:

Does the phrase "waters of the United States" in the Clean Water Act include a wetland that at least occasionally empties into a tributary of a traditionally navigable water?

Holding: vacated and remanded
Vote: 5-4
Opinion By:
Read RAPANOS V. UNITED STATES opinion (PDF)
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