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United States v. Plaquemines Parish Mosquito Control Dist.

Citation: 12 ELR 20258
No. No. 80-3823, 656 F.2d 699/16 ERC 1649/(5th Cir., 09/11/1981)

The court affirms the district court's holding that application of §§ 301 and 404 of the Federal Water Pollution Control Act (FWPCA) to a state mosquito control district does not infringe on powers reserved to the states under the Tenth Amendment. The court finds that § 404, which regulates dredge and fill operations in the nation's waters, does not regulate "states as states" but rather establishes a program of cooperative federalism in which states, within federally established limits, amy enact and administer their own regulatory programs. In addition, the court holds that a very strong federal interest exists in the area of environmental protection which justifies the requirement that the state procure a permit to dredge wetlands.

Counsel for Appellee
Fred R. Disheroon, Barbara Brandon
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5313

Counsel for Appellant
Louis B. Porterie
Duke, Porterie & Hantel
1206 American Bank Bldg., New Orleans LA 70130
(504) 581-1206

Before Brown, Reavley, and Politz, JJ.