Thanks to Sacramento’s man on the U.S. Supreme Court, Judge Anthony Kennedy, who created the meaningless “significant nexis” to determine the connectivity of waters to navigable streams, federal resource agencies have been up a creek as far as knowing their jurisdiction to enforce the Clean Water Act. The EPA has done nothing about more than 400 CWA enforcement cases since the Supreme Court ruling called the “Rapanos Decision.” Kennedy’s middle ground stood between four conservative justices who wanted CWA enforcement only on permanent streams and four liberals who voted for intermittent streams as well, including wetlands and vernal pools.