Wetlands Ruling Has Left Courts Uncertain

Law360, New York (December 11, 2007, 12:00 AM EST) -- On Oct. 24, 2007, the Eleventh Circuit Court of Appeals vacated a criminal water pollution conviction because the definition of “navigable waters” given to the jury was inconsistent with the definition articulated by the United States Supreme Court.

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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