Rapanos v. United States: Searching for a Significant Nexus Using Proximate Causation and Foreseeability Principles (Excerpt: Part II)

The following excerpt comes from the “Rapanos v. United States: Searching for a Significant Nexus” article published in the December 2010 issue of the Environmental Law Reporter News & Analysis. Due to length restrictions, the Newsletter is running two extended excerpts. The first part, published in the January/February 2011 issue, looked at applying the principles of proximate causation and foresseability to Justice Anthony M. Kennedy’s significant nexus test to help clarify jurisdictional waters under the 2006 U.S. Supreme Court decision in Rapanos. The second part, published here, looks at proximate causation and the Rapanos Guidance issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.