Forum
U.S. Court of Appeals for the Ninth Circuit
Case Status
Decided
Docket Number
04-17554 05-15051
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.