Legal Opinion
Rapanos v. United States
Supreme Court of the United States
Decided June 19, 2006No. 04-1034PublishedCited by 400 opinions
1Judgment of the CourtJustice Scalia
The Chief Justice, Justice Thomas, and Justice Alito join.
In April 1989, petitioner John A. Rapanos backfilled wetlands on a parcel of land in Michigan that he owned and *720sought to develop. This parcel included 54 acres of land with sometimes-saturated soil conditions. The nearest body of navigable water was 11 to 20 miles away. 339 F. 3d 447, 449 (CA6 2003) (Rapanos I). Regulators had informed Mr. Rapanos that his saturated fields were “waters of the United States,” 33 U. S. C. § 1362(7), that could not be filled *721without a permit. Twelve years of criminal and civil litigation ensued.
The…
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