ELR Citation: ELR 20083
No(s). 2:02-CV-495 (N.D. Ind. Mar 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. The United States h...