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Wyoming v. Hoffmann

Citation: 8 ELR 20001
No. No. C76-95K, 437 F. Supp. 114/11 ERC 1054/(D. Wyo., 09/21/1977) Defendants' motion for summary judgment granted

In a suit in which the State of Wyoming challenges regulations recently promulgated by the Corps of Engineers and the Environmental Protection Agency under § 404 of the Federal Water Pollution Control Act, the court rules that the term "navigable waters" as used in the Act extends the jurisdiction of the defendant agencies to all waters of the United States rather than only those waters meeting traditional tests of navigability. The more expansive interpretation is in accord with both the legislative istory and the case law on this point. Moreover, a narrow interpretation would defeat the Act's sweeping policy of eliminating all water pollution within the United States. Defendants' motion for summary judgment is granted.

Counsel for Plaintiff
Steven F. Freudenthal, Ass't Attorney General
State Capitol, Cheyenne WY 82002
(307) 777-7841

Counsel for Defendants
Erica L. Dolgin
Justice Department, Washington DC 20530
(202) 739-2730

Lee E. Caplin
Environmental Protection Agency, Washington DC 20460
(202) 755-2511