The Significance Of The Nexus For Wetlands Jurisdiction

Law360, New York (April 1, 2015, 4:50 PM EDT) -- In a recent unpublished opinion for Precon Development v. U.S. Army Corps of Engineers, the Court of Appeals for the Fourth Circuit upheld a lower court's ruling determining that the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 had correctly asserted jurisdiction over wetlands pursuant to the Clean Water Act. The court's decision marks another milestone in the 13-year battle over Precon Development Corp.'s proposed housing development in Chesapeake, Virginia, and provides greater detail than prior court applications of Justice Anthony Kennedy's "significant nexus" jurisdiction standard from Rapanos v. United States. Following a 2011 circuit decision, Precon 1, which addressed the nexus and remanded...

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