Document Type

Conference Proceeding

Event Date



Hot Topics series (University of Colorado, Boulder. Natural Resources Law Center)


Hot-Topic Discussion held at Brownstein Hyatt Farber Schreck in Denver, Colorado on May 10, 2007 from 12:00 p.m. to 1:15 p.m.

Speaker: Mark Squillace, Director of the Natural Resources Law Center, University of Colorado School of Law.

Commentators: Wayne Forman and Michelle Kales, attorneys, Brownstein Hyatt Farber Schreck

"Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts and Associate Justice, Samuel Alito. The Supreme Court heard the case on February 21, 2006 and issued a decision on June 19, 2006. While five justices agreed to void rulings against the plaintiffs, who wanted to fill their wetlands to build a shopping mall and condos, the court was split over further details, with the four more conservative justices arguing in favor of a more restrictive reading of the term "navigable waters" than the four more liberal justices. Justice Kennedy did not fully join either position. The case was remanded to the lower court. Ultimately, Rapanos agreed to a nearly $1,000,000 settlement with the EPA while not admitting to any wrongdoing." -- Excerpted from Rapanos v. United States, Wikipedia,
(last updated 16 July 2014).


Mark Squillace