The Float a Boat Test: How to Use It to Advantage in This Post-<i>Rapanos</i> World
Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test. Under this test, to protect a wetland one must establish that there is a significant nexus between the wetland and a traditional navigable water. In this Article, authors William W. Sapp, Rebekah Robinson, and M. Allison Burdette suggest that the nearer a traditional navigable water is to the wetland, the better the chance of establishing that there is a significant nexus between the two. The authors then argue that it is in the interests of those protecting the wetland to close the gap between the wetland and the nearest traditional navigable water by showing that canoes and kayaks can navigate any creeks or small rivers close to the wetland.