ELR Citation: ELR 20147
No(s). 03-1700 (6th Cir. Dec 3, 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 ...