ELR Citation: ELR 20407
No(s). 73-2198 (9th Cir. Apr 11, 1975)

The Ninth Circuit Court of Appeals affirms but modifies a lower court order requiring the defendant to remove 1,760 lineal feet of riprap fill placed on a migratory sand spit at the mouth of a navigable river without a permit from the Corps of Engineers. The defendant clearly violated the Rivers and Harbors Act of 1899, but the trial should have required only the removal of as much riprap as will permit nature to take its course and reestablish former topographic conditions. The manner of removal should be supervised by the Corps of Engineers. The court notes that the district court may, if it sees fit, stay its judgment for a reasonable time to allow the defendant to apply to the Corps for an after-the-fact permit to cover any part of the previous construction which the Corps may recommend for approval. For the lower court's opinion, see 3 ELR 20371.

Counsel for Plaintiff-Appellee
Edmund B. Clark
Department of Justice
Washington, DC 20530

Jack G. Collins, Asst. U.S. Attorney
506 U.S. Courthouse
Portland, OR 97207

Counsel for Defendant-Appellant
James C. Maletis
Maletis & Thorpe
640 Pacific Building
Portland, OR 97204

Lawrence M. Dean
MacDonald, Dean & McCallister
P.O. Box 508
Astoria, OR 97103