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Views from the blog-o-sphere

Views from the blog-o-sphereFourth Circuit Applies Rapanos, Remands Corps Decision

By Dave Yaussy – WV Environmental Law – January 29, 2011
The Fourth Circuit Court of Appeals released a decision on January 25, 2011 in which it applied the US Supreme Court’s decision in Rapanos v. US, 547 US 715 (2006), the Supreme Court’s most recent guidance on the jurisdictional extent of the Clean Water Act.  The case, Precon Development v. US Army Corps of Engineers, No. 09-2239,  involved a determination by the Corps of Engineers that a wetlands area  had a “significant nexus” to the nearest traditionally navigable water, the Northwest River. For full blog, go to:

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