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Carabell v. Corps of Eng'rs

ELR Citation: 34 ELR 20147
Nos. No. 03-1700, (6th Cir., 12/03/2004)

The Sixth Circuit upheld the U.S. Army Corps of Engineers' (the Corps') denial of developers' application for a construction permit. Because the wetlands on the property are separated from a tributary of "waters of the United States" only by a man-made berm or barrier, they are considered "adjacent wetlands" under Clean Water Act (CWA) regulations. As such, the wetlands at issue in this case fall within the jurisdiction of the Corps for purposes of the CWA. In addition, the Corps provided a rational basis for its decision to deny the permit application.