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Wetlander’s Pick of the Posts

Wetlander's Pick of the PostsThe Significance of the Nexus for Wetlands Jurisdiction: Recent Fourth Circuit Decision Supports the Corps’ Determination of Jurisdiction

Venable.com – March 27, 2015
In a recent unpublished opinion for Precon Development v. U.S. Army Corps of Engineers, the Court of Appeals for the Fourth Circuit upheld a lower court’s ruling determining that the U.S. Army Corps of Engineers (Corps) had correctly asserted jurisdiction over wetlands pursuant to the Clean Water Act (CWA). The Court’s decision marks another milestone in the 13-year battle over Precon Development Corporation’s proposed housing development in Chesapeake, Virginia and provides greater detail than prior court applications of Justice Kennedy’s “significant nexus” jurisdiction standard from Rapanos v. United States. Following a 2011 Circuit decision, Precon 1, which addressed the nexus and remanded for proof of significance, this 2015 decision upholds the Corps’ demonstration of significance. The combined opinions in the Precon case are the first to address nexus in detail and to address an evidentiary showing of significance. For full story, click here.

 

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