United States v. Riverside Bayview Homes: A Questionable Interpretation of §404

October 1984
Citation:
14
ELR 10366
Issue
10
Author
Sarah V. Armitage and Jerry Jackson

The Sixth Circuit has recently issued a decision in United States v. Riverside Bayview Homes, Inc. (Riverside Bayview) which suggests that the Corps of Engineers' §404 jurisdiction may be quite limited.1 Last month's Comment on Riverside Bayview2 argues that the apparently far-reaching effects of the decision can be dismissed as dictum and can be overcome by regulatory changes. In this Dialogue we take a somewhat different tack by presenting arguments to refute any persuasive authority the decision may have in future cases. Based on the case law and legislative history of the Clean Water Act, Riverside Bayview is an anomalous effort to return to artificial jurisdictional limitations on federal authority over the Nation's waters.

Mr. Jackson is an attorney with the National Wildlife Federation in Washington, D.C. and Ms. Armitage is a third-year student at the Northwestern School of Law, Lewis and Clark College.

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United States v. Riverside Bayview Homes: A Questionable Interpretation of §404

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