Case Updates
Cert. petition denied
December 01, 2008
U.S. Chamber urges Supreme Court to review federal jurisdiction over wetlands
September 22, 2008
According to NCLC's brief supporting the United State's petition for certiorari, both the EPA and the U.S. Army Corps of Engineers have misapplied the Clean Water Act (CWA) based on misinterpretations of the Court's concurring and plurality decisions in Rapanos v. United States. Unless the Court clarifies the scope of the CWA over wetlands, businesses and individuals will continue to be subjected to confusing civil and criminal risk for property development.