Lucas, Jr., et al. v. U.S.

Case Updates

NCLC urged the Supreme Court to clarify what standard courts should apply when deciding whether there is federal jurisdiction over a wetland under the Clean Water Act (CWA). In its brief, NCLC argued that lower courts have been unsuccessful discerning the governing standard in the Court’s deeply divided decision in Rapanos v. United States and as a consequence, millions of acres of property remain in limbo until it can be determined whether the property is subject to federal jurisdiction.