U.S. Court of Appeals for the Fourth Circuit
In a case similar to U.S. v. Rapanos, the NFIB Legal Center filed an amicus brief in the U.S. Court of Appeals for the 4th Circuit in support of a firm that is challenging the Army Corps of Engineers’ jurisdiction over a remote wetland. The case concerned whether the Corps has jurisdiction over wetlands, which were only connected to navigable waters through a series of ditches.
Status: DECIDED. Amicus brief filed in support of Newdunn Associates 10/09/02. Fourth Circuit reinstated civil penalties against Newdunn Associates 09/10/03.