Wetlands Ruling Has Left Courts Uncertain
In United States v. McWane, 2007 WL 3087419, *12 (11th Cir. Oct. 24, 2007), the Eleventh Circuit became the third federal circuit court of appeals to use the "significant nexus" test as the controlling definition of "navigable waters" under Rapanos.
The conflicting federal court decisions interpreting Rapanos underscore...
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