U.S. v. Rapanos -- Fighting Expanded Criminalization of Private Land Use of Wetlands

The NFIB Legal Foundation supported a small businessman who was criminally prosecuted and convicted for developing his private land. The U.S. Army Corps of Engineers criminally convicted John Rapanos for developing wetlands found on his land. The NFIB Legal Foundation joined, among others, the National Association of Home Builders and the National Association of Realtors, in filing an amicus brief in U.S. v. Rapanos, asking the 6th Circuit Court of Appeals to affirm a trial court decision vacating Rapanos’ conviction for “filling” property located 20 miles away from any navigable water.

Status: DECIDED. Amicus brief filed in support of Rapanos Sept. 18, 2002. The Sixth Circuit reinstated the criminal conviction against Rapanos Aug. 5, 2003.