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U.S. Court of Appeals for the Ninth Circuit

Case Status

Decided

Docket Number

04-17554 05-15051

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Case Updates

Ninth Circuit declines to extend federal jurisdiction under Clean Water Act

March 08, 2007

Agreeing with NCLC the court of appeals declined to extend federal jurisdiction under the Clean Water Act to industrial ponds adjacent to navigable waterways where those ponds are not in any way hydrologically connected to the navigable waterways. Following the Supreme Court’s decisions in Rapanos v. United States and Carabell v. United States Army Corps of Engineers, this decision confirms that the “significant nexus” test reflects real boundaries on federal jurisdiction.

U.S. Chamber files amicus brief

April 20, 2005

In line with Supreme Court jurisprudence, NCLC advised the Ninth Circuit to decline to extend federal jurisdiction to industrial ponds adjacent to navigable waterways where those ponds are not in any way hydrologically connected to the navigable waterways.

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