The lack of a majority opinion in the Rapanos case, combined with a new 2008 Bush administration guideline to determine wetland jurisdiction case-by-case, contributed to increased lawsuits challenging the EPA's regulatory authority over streams and wetlands.
The lack of a majority opinion in the Rapanos case contributed to increased lawsuits. These increased lawsuits were challenging the EPA's regulatory authority over streams and wetlands. The lack of a majority opinion in the Rapanos case was combined with a new 2008 Bush administration guideline. This was to determine wetland jurisdiction case-by-case.