Case Summary
Issue:
Whether the Clean Water Act authorizes federal jurisdiction over isolated wetlands, on privately owned land, that do not abut a body of open water but lie approximately twenty miles from the nearest navigable water of the United States?
Plaintiff:
United States of America
Defendant:
John A. Rapanos; Judith A. Nelkie Rapanos; Prodo, Inc.; Rolling Meadows Hunt Club; Pine River Bluff Estates, Inc.
Amicus Curiae:
Mountain States Legal Foundation
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Case History
John A. Rapanos and his wife Judith, through their wholly owned companies, own various parcels of land in Bay, Midland, and Saginaw Counties, Michigan, known as the Salzburg, Hines Road, Pine River, Freeland, Mapleton, and Jefferson Avenue sites. Mr. Rapanos attempted to develop these properties for commercial use. Though his nearest property lies approximately twenty miles from the nearest navigable waterway, the United States asserted jurisdiction over the property under the Clean Water Act. Mr. Rapanos was charged with and convicted of illegally discharging fill material into protected wetlands at these sites between 1988 and 1997. Mr. Rapanos contends that the Clean Water Act does not apply to such lands and that the Courts of Appeals are split on this issue.
John A. Rapanos, his wife, and their companies filed a petition seeking U.S. Supreme Court review on January 28, 2005. The United States filed its opposition on April 4, 2005. MSLF filed its friend of the court brief on April 4, 2005, arguing that Congress intended a narrow application of the Clean Water Act. Rapanos filed his reply to the United States’ opposition on April 15, 2005. On October 11, 2005, the Supreme Court agreed to hear the case. On December 2, 2005, Rapanos filed his brief on the merits and MSLF filed its friend of the court brief. On February 21, 2006, the Supreme Court heard oral arguments.
