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Corps of Engineers jurisdiction

United States v. Donovan

The Third Circuit affirmed a lower court decision granting summary judgment in favor of the U.S. government and imposing a $250,000 fine against a landowner for filling wetlands on his property without a permit. The court joined the U.S...

Precon Development Corp. v. United States Army Corps of Engineers

The Fourth Circuit reversed and remanded a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it had jurisdiction over wetlands on a developer's property. The Corps permissibly defined the scope of its...

Rapanos v. United States

The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent to a tributary of traditional navigable...

United States v. Hallmark Constr. Co.

The court holds that there is a constitutional and statutory basis for the U.S. Army Corps of Engineers to assert Federal Water Pollution Control Act (FWPCA) §404 jurisdiction over isolated wetlands, but a genuine issue of fact exists...

United States v. Hallmark Constr. Co.

The court holds that the Federal Water Pollution Control Act (FWPCA) does not authorize the U.S. Army Corps of Engineers to seek penalties against a construction company for allegedly filling an isolated wetland without a §404 permit....

United States v. Banks

The court affirms a district court decision that a property owner violated the Federal Water Pollution Control Act (FWPCA) by discharging dredged material and fill into adjacent wetlands without a permit. The court first rejects the...