Virginia Developer Seeks En Banc Hearing Before Fourth Circuit in Wetlands Nexus Case

摘要

A Virginia developer has asked the full U.S. Court of Appeals for the Fourth Circuit to consider whether a panel of that court improperly affirmed that the U.S. Army Corps of Engineers has Clean Water Act jurisdiction over wetlands on its Chesapeake Bay property (Precon Dev. Corp. v. U.S. Army Corps of Eng'rs, 4th Cir., No. 13-2499, petition for rehearing filed, 4/22/15). In an April 22 petition for rehearing en banc, Precon Development Corp. argued that an unpublished March opinion from a Fourth Circuit panel conflicts with the Supreme Court's decision in Rapanos v. United States, as well as the Fourth Circuit's 2011 decision in this case.