United States First Circuit

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US v. Johnson, 05-1444

Following the Supreme Court's decision in Rapanos v. US, 126 S.Ct. 2208 (2006), a suit against a group of cranberry farmers for violation of the Clean Water Act is remanded to the district court for factual determinations relating to the federal government's jurisdiction over "navigable waters," and thus the wetlands in question. On remand, the government can establish jurisdiction over the target sites if it meets either the plurality's literal interpretation of the term "navigable waters" or Justice Kennedy's "substantial nexus" standard.

Appellate Information

  • Decided 10/31/2006
  • Published 10/31/2006

Judges

  • LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Malcolm Reed Hopper, with whom Gregory T. Broderick was on brief for appellants.

  • For Appellees:
  • John L. Smeltzer, with whom Kelly A. Johnson, Acting Assistant Attorney General and Ellen Durkee, Attorney, Department of Justice Environment & Natural Resources Division, were on brief for appellee.