RECENT FEDERAL DECISIONS

May 2007

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U.S. Supreme Court Denies Review of Baccarat Decision Dealing with Clean Water Act Jurisdiction
Baccarat Fremont Developers, LLC v. U.S. Army Corps of Engineers

The U.S. Supreme Court recently denied a petition for writ of certiorari filed by Baccarat Fremont Developers, LLC requesting review of the Ninth Circuit Court of Appeals decision in Baccarat Fremont Developers, LLC v. U.S. Army Corps of Engineers, 425 F.3d 1150 (2005) (Baccarat), thus leaving unanswered the scope of Clean Water Act jurisdiction in the wake of the Rapanos v. U.S., 126 S.Ct. 2208 (2006) (Rapanos) decision.