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American Dredging Co. v. Selleck

ELR Citation: 7 ELR 20413
Nos. No. 76-1849, 556 F.2d 180/10 ERC 1423/(3d Cir., 04/25/1977)

A dredging operation must obtain a Corps of Engineers permit to install tidal floodgates in a tidal marsh despite the issuance of a state permit for the installation. Appellant sued to prevent enforcement of two cease and desist orders directed against its extending a ditch near the Delaware River. The proposed floodgate is in navigable waters, and the Corps thus has jurisdiction because the purpose of a floodgate is to control the ebb and flow of the tide, which is the navigability test. Also, the Corps is not estopped from enforcement because appellant's state permit expressly required all necessary Corps permits. Furthermore, appellant did not comply with §566 of the Rivers and Harbors Act, which gives the Corps 30 days in which to disapprove dredging plans in New Jersey.

Counsel for Appellant
Grover C. Richman, Jr.
Richman, Berry, Ferren & Tyler
41 Grove St., Haddonfield NJ 08033
(609) 795-4100

Counsel for Appellee
Jonathan L. Goldstein, U.S. Attorney; Carl R. Woodward, III, Ass't U.S. Attorney
970 Broad St., Newark NJ 07012
(201) 645-2289

Rosenn and Hannum,* JJ., concurring.