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Encyclopedia > Rapanos v. United States
Rapanos v. United States

Supreme Court of the United States
Argued February 21, 2006
Decided June 19, 2006
Full case name: John A. Rapanos, et ux., et al. v. United States
Docket #: 04-1034
Holding
Sixth Circuit Court of Appeals vacated and remanded
Court membership
Chief Justice: John Roberts
Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito
Case opinions
Plurality by: Scalia
Joined by: Roberts, Thomas, Alito
Concurrence by: Roberts
Concurrence by: Kennedy
Dissent by: Stevens
Joined by: Souter, Ginsburg, Breyer
Dissent by: Breyer
Laws applied
Clean Water Act

Rapanos v. United States, 547 U.S. (2006), was a United States Supreme Court case challenging the Clean Water Act. It was the first major environmental case heard by the newly-appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court heard the case on February 21, 2006 and issued a decision on June 19, 2006. While five justices agreed to void rulings against the plaintiffs, who wanted to fill their wetlands to build a shopping mall and condos, the court was split over further details, with the four more conservative justices arguing in favor of development of land unless it was directly connected to waterways, the four more liberal justices arguing that such a ruling would overturn three decades of precedent and threaten the environment, and Justice Kennedy not fully joining either position.[1] Image File history File links Seal_of_the_United_States_Supreme_Court. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... John Glover Roberts, Jr. ... John Paul Stevens (born April 20, 1920) is an American jurist and the senior Associate Justice of the U.S. Supreme Court. ... Antonin Gregory Scalia (born March 11, 1936) is an American jurist on the Supreme Court of the United States who has been a prominent conservative and originalist voice of textualism in statutory interpretation and original meaning in constitutional interpretation. ... For other people of the same name, see Anthony Kennedy (disambiguation). ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the U.S. Supreme Court since 1990. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Ruth Joan Bader Ginsburg (born March 15, 1933) is a United States Supreme Court Justice. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ... Samuel Anthony Alito, Jr. ... The Clean Water Act, 33 U.S.C.A. § 1251 et seq. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... The Supreme Court of the United States is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ... The Clean Water Act, 33 U.S.C.A. § 1251 et seq. ... The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the Supreme Court of the United States. ... John Glover Roberts, Jr. ... Associate Justices of the United States Supreme Court are the members of that court other than the Chief Justice. ... Samuel Anthony Alito, Jr. ... For other people of the same name, see Anthony Kennedy (disambiguation). ...


Prior history

The case revolves developers John A. Rapanos (Midland, Michigan) and June Carabell whose separate projects were stopped because of the environmental regulations that make up the Clean Water Act. Midland is a city in the U.S. state of Michigan. ...


In the late 1980s, Rapanos filled 54 acres of wetland that he owned with sand in preparation for the construction of a mall without filing for a permit.[1] He argued that the land was not a wetland and that he was not breaking the law, but his own consultant and state employees disagreed. Rapanos' land is up to 20 miles from any navigable waterways.[2] Rapanos was convicted of two felonies for filling wetlands in violation of law in 1995. The conviction was overturned and restored several times but, in the end, he was forced to serve three years of probation and pay $5,000 in fines. [3] Eventually, Rapanos appealed the civil case against him, which included millions of dollars of fines, to the Supreme Court of the United States. [2] A subtropical wetland in Florida, USA, with an endangered American Crocodile. ...


Carabell, who was involved in the associated case Carabell v. United States Army Corps of Engineers, did seek a permit to build condominiums on 19 acres of wetlands, but the request was denied. Carabell took the issue to the courts, arguing that the federal government did not have jurisdiction. After loosing in the Federal District Court and the Sixth Circuit Court of Appeals, Carabell appealed to the United States Supreme Court.[2] The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: Western and Eastern Districts of Kentucky Western and Eastern Districts of Michigan Northern and Southern Districts of Ohio Western, Middle, and Eastern Districts of Tennessee...


References

  1. ^ Barringer, Felicity, "Michigan Landowner Who Filled Wetlands Faces Prison", The New York Times, 2004-05-18, p. A20. Retrieved on 2006-06-19.
  2. ^ a b c Greenhouse, Linda, "Supreme Court Takes Up 2 Cases Challenging Powers of U.S. Regulators to Protect Wetlands", The New York Times, 2005-10-12, p. A14. Retrieved on 2006-06-19.
  3. ^ Shepardson, David, "Man avoids prison in land feud", The Detroit News, 2005-3-16. Retrieved on 2006-06-19.

2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... June 19 is the 170th day of the year (171st in leap years) in the Gregorian Calendar, with 195 days remaining. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... June 19 is the 170th day of the year (171st in leap years) in the Gregorian Calendar, with 195 days remaining. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... June 19 is the 170th day of the year (171st in leap years) in the Gregorian Calendar, with 195 days remaining. ...

External links

  • John A. Rapanos v. United States at SupremeCourtUs.gov
  • John A. Rapanos v. United States at FindLaw
  • Court of Appeals Opinion (PDF)
  • NPR story regarding the case

 
 

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