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Dredge and fill permits

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...

American Bottom Conservancy v. U.S. Army Corps of Engineers

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit...

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...

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....

Federal Wetlands Law: Part II

Editors' Summary: In this second of a three-part series on federal wetlands law, the author continues her comprehensive review of the current state of federal wetlands laws and regulations. The author first analyzes individual...

Federal Wetlands Law: Part I

Editors' Summary: No single federal law comprehensively addresses wetlands protection. Rather, federal laws and regulations addressing activities and interests in wetlands have evolved with water law in general, and with other laws,...