ELR Citation: ELR 20258
No(s). 80-3823 (5th Cir. Sep 11, 1981)

The court affirms the district court's holding that application of §§301 and 404 of the Federal Water Pollution Control Act (FWPCA) to a state mosquito control district does not infringe on powers reserved to the states under the Tenth Amendment. The court finds that §404, which regulates dredge and fill operations in the nation's waters, does not regulate "states as states" but rather establishes a program of cooperative federalism in which states, within federally established limits, amy enact and administer their own regulatory programs. In addition, the court holds that a very strong federal interest exists in the area of environmental protection which justifies the requirement that the state procure a permit to dredge wetlands.

Counsel for Appellee
Fred R. Disheroon, Barbara Brandon
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5313

Counsel for Appellant
Louis B. Porterie
Duke, Porterie & Hantel
1206 American Bank Bldg., New Orleans LA 70130
(504) 581-1206

Before Brown, Reavley, and Politz, JJ.