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United States v. Fabian

ELR Citation: ELR 20083
Nos. No. 2:02-CV-495, (N.D. Ind., 03/29/2007)

A district court held that a landowner is liable under Clean Water Act §301 for filling wetlands without a permit. Applying Justice Kennedy's test in Rapanos v. United States, 126 S. Ct. 2208, 36 ELR 20116 (2006), the court held that the wetlands at issue are jurisdictional....

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