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Dangerous Waters? The Future of Irreparable Harm Under NEPA After <i>Winter v. NRDC</i>
Editors' Summary
To the Ends of the Earth: Where Does Navigable Water Begin Under <i>SWANCC</i>?
I. Introduction and Overview
The Float a Boat Test: How to Use It to Advantage in This Post-<i>Rapanos</i> World
Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test. Under this test, to protect a wetland one must establish that there is a significant nexus between the wetland and a traditional navigable water. In this Article, authors William W. Sapp, Rebekah Robinson, and M. Allison Burdette suggest that the nearer a traditional navigable water is to the wetland, the better the chance of establishing that there is a significant nexus between the two.