Opinion
No. 03-1700.
February 12, 2007.
BEFORE: BATCHELDER and GIBBONS, Circuit Judges; STAFFORD, District Judge.
The Honorable William Stafford, United States District Judge for the Northern District of Florida, sitting by designation.
ORDER REMANDING CASE TO THE DISTRICT COURT WITH INSTRUCTIONS TO REMAND TO THE ARMY CORPS OF ENGINEERS
Following the Supreme Court's decision in the consolidated cases of Rapanos v. United States and Carabell v. United States Army Corps of Engineers, ___ U.S. ___, 126 S.Ct. 2208, 165 L.Ed.2d 159 (2006), we REMAND this case to the district court with instructions to remand to the Army Corps of Engineers for further proceedings consistent with the Supreme Court's decision in Rapanos.