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.