United States v. Robison: The Case for Restoring Broad Jurisdictional Authority under the Federal Clean Water Act in the Wake of Rapanos' Muddied Waters

摘要

The Robison decision reflects the confusion over the jurisdictional reach of the CWA in the aftermath of the Supreme Court's mixed holding in Rapanos. The Eleventh Circuit's controversial adoption of Justice Kennedy's "significant nexus" test as controlling, combined with its lack of deference to long-standing agency regulations, signifies the need for clarification at the agency or congressional level. Without new rules or legislation, the various circuits will continue the cumbersome task of interpreting the CWA on a case-by-case basis, resulting in extraneous consumption of court resources, inconsistent results, and decisions out-of-step with Congress' original intent in passing the Federal Water Pollution Control Act Amendments of 1972.