The Supreme Court this week denied cert in Lucas v. United States, a post-Rapanos case from the 5th Circuit. Still pending before the Court is the cert petition in McWane v. United States, a post-Rapanos case out of the 11th Circuit. PLF participated as amicus in both cases (see here (Lucas brief) and here (McWane brief) urging the Court to take these opportunities to clarify Rapanos. The need for clarification could not be greater. Since the June, 2006, split decision in Rapanos, the circuits have divided dramatically in their Rapanos interpretation: 9th Cir - held Kennedy opinion is controlling; 7th Cir - held Kennedy opinion is controlling; 1st Cir - held either Kennedy opinion or Scalia opinion can be followed; 5th Cir - held wetland jurisdictional if it "neighbors" a tributary; 11th Cir - held Kennedy opinion is controlling.