Rapanos v. United States — Kennedy, J., Concurring

Summary

Justice Kennedy concurred in the judgment, holding that Clean Water Act jurisdiction over wetlands requires a significant nexus to navigable waters. He found the plurality's continuous surface connection test too restrictive and the dissent's adjacency standard too broad, arguing for remand to apply the significant nexus test. He noted separate opinions by Justice Stevens dissenting, Justice Breyer dissenting, and Chief Justice Roberts concurring.