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RAPANOS v. U.S.

No. 04-1034.

547 U.S. 715 (2006)

RAPANOS et al. v. UNITED STATES

Supreme Court of United States.

Decided June 19, 2006.

Attorney(s) appearing for the Case

M. Reed Hopper argued the cause for petitioners in No. 04-1034. With him on the briefs was Robin L. Rivett. Timothy A. Stoepker argued the cause for petitioners in No. 04-1384. With him on the briefs were Dennis W. Archer and Paul R. Bernard.

Solicitor General Clement argued the cause for respondents in both cases. With him on the briefs were Assistant Attorney General Wooldridge, Deputy Solicitor General Hungar, Malcolm L. Stewart, Greer S. Goldman, Ellen J. Durkee, Todd S. Kim, and Katherine W. Hazard.†

JUSTICE SCALIA announced the judgment of the Court and delivered an opinion, in which 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 sought to develop. This parcel included 54 acres of land with sometimes-saturated soil conditions. The nearest body of navigable...

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