Jump to Navigation
Jump to Content

Minnehaha Creek Watershed Dist. v. Hoffmann

Citation: 9 ELR 20334
No. No. 78-1448, 597 F.2d 617/13 ERC 1009/(8th Cir., 04/23/1979) Aff'd

The EighthCircuit affirms a district court ruling, 8 ELR 20638, that an intrastate lake and its outlet creek are not subject to the Army Corps of Engineers' regulatory jurisdiction under the Rivers and Harbors Act of 1899. Although both are navigable in fact, these bodies of water are not navigable within the meaning of § 10 of the Rivers and Harbors Act since they are not part of an interstate waterway which serves as a path for commerce. The Eighth Circuit reverses the district court's invalidation of a Corps' dredge and fill permit regulation promulgated under § 404 of the Federal Water Pollution Control Act (FWPCA), however, insofar as it regulates the placement of riprap along shorelines and the construction of dams in the lake and creek. These activities constitute discharges of pollutants within the meaning of § 301 of the FWPCA and are thus subject to the Corps' permit authority under § 404.

Counsel for Appellants
Maryann Walsh
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4168

Counsel for Appellees
Raymond A. Haik
Popham, Haik, Schnobrich, Kaufman & Doty, Ltd.
4344 IDS Center, Minneapolis MN 55402
(612) 335-9331

Glenn E. Purdue
LeFevere, Lefler, Pearson, O'Brien & Drawz
1100 First National Bank Bldg., Minneapolis MN 55402
(612) 333-0543

Richard A. Hassel
Wright, West & Diessner
2000 Midwest Plaza Bldg., Minneapolis MN 55402
(612) 333-0417

Counsel for Appellee in Intervention Minnesota Dep't of Natural Resources
Warren Spannaus, Attorney General; Philip Olfelt, Ass't Attorney General
102 State Capitol, St. Paul MN 55155
(612) 296-2591

Counsel for Amicus Curiae North Dakota
Allen I. Olson, Attorney General
State Capitol, Bismarck ND 58505
(701) 224-2210

Joined by McMillian, J. and Smith, D.J.*