the very fact issued in riverside bayview. the fact riverside bayview's property was potentially a marsh and that is the most 40 4g said. the proposition the test is consistent with. they have acknowledged under the line drawing standard, it is just that it could reasonably be interpreted to ratification of the court adjacency regulation from 1977. >> this case may have an important nationwide effect, but we do decide concrete cases and controversies, so i would like you to address the theory that government uses to determine that the property constitutes wetlands that can be regulated. the property, as i understand it, is separated from wetlands by a road. is that right? >> yes. by a road and a roadside ditch on the others of the road. that ditch spills about half mile downstream into a creek which goes another thousand feet from that point into a lake. >> how does the water from the property get to the ditch? >> the short answer is the water doesn't get to the ditch. it doesn't get to the wetlands. there is no surface connec

the very facts that were at issue in riverside bayview. the fact that veide bayview's property was a cattail marsh that blended into lake sinclair. that is the mt what it says. and again that is a proposition that the test is fully consistent wit they acknowledge that some weapons n be regulednder the problem standard. noin in 40 4g can be interpreted to represent some neral congressional ratification of the cores adjacency regulation from 1977. >> this case may ha an important nationwide affect, b we do decide concrete cases in ntversy, so i would like you to address t theory that the government's uses to determine that the property constitutes wetlands that can be regulated. the property as i understand it is separated from wetlandby road, isn't that right? yes, by a road and then the roadside ditch on the other side of the break. that ditch spills a half mile downstream into a creek which then it self spills 100 feet from that into the lake. >> how is the water fm the property getting to the ditch? >> he short answer is that the water d