Victory!

We won our Supreme Court case! Yeah! But, Justice Kennedy put things in doubt by filing a separate opinion. The majority agreed with us that the agency went too far in regulating remote areas with insubstantial connections to navigable waters. This is a significant win for Rapanos personally and the rule-of-law generally. However, thanks to Kennedy, the court split 4-1-4 on the test that should be applied to determine federal jurisdiction under the Clean Water Act.

Unfortunately, after 12 years of litigation, we still don't know if the agency has a basis for citing Rapanos for clearing his land without a permit.

Read the 100 page opinion here.

For more details than you care to know, check our Rapanos blog.