We predicted that the government response to Rapanos would be "business as usual." We were hoping to be proved wrong. But that was not to be. This opposition to the Baccarat petition for writ of certiorari in the U.S. Supreme Court should remove all doubt about the government's post-Rapanos position. [The impending EPA Rapanos "Guidance Document" is unlikely to reveal anything new]. Of particular note is the expansive interpretation of "navigable-in-fact waters" and the Solicitor General's self-serving reading of the Mark's interpretive rule.