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"John A. Rapanos has spent more than $1 million on attorneys, consultants and fines while tussling with regulators lot some 15 years over accusations of illegal wetland destruction," observed the April 26 Detroit Free Press. "Now, the Midland subdivision developer may go to prison?'
Sixty-eight-year-old Rapanos, a son of Greek immigrants, bought a parcel of land in 1988, cleared off the scrub trees, graded it, and tried to market it to strip-mall developers. The Michigan state eco-Soviet, acting on behalf of the federal environmental bureaucracy, accused the developer of destroying a "wetland." Eventually the Environmental Protection Agency successfully prosecuted Rapanos in federal court for supposedly destroying a wetland.
However, as Detroit News columnist Nolan Finley points out, "Rapanos' land is surrounded on all sides, and divided down the middle, by drainage ditches dug by the county drain commission in 1904. The land was tiled at the same time to further aid drainage so it could be used for farming. The combination of drainage ditches and sandy soil means the land couldn't be a wetland if it wanted to be. It won't hold water."
"I don't see any way that ...