ELR Citation: ELR 20583
No(s). 82-5196 (11th Cir. May 19, 1983)

The Eleventh Circuit upholds the district court's injunction, 12 ELR 21102, against further filling of wetlands without a permit required pursuant to §404 of the Federal Water Pollution Control Act (FWPCA). The court notes that the Corps of Engineers' §404 regulations define the term "waters of the United States" to include coastal or inland rivers and "adjacent" wetlands or wetlands separated from other waters of the United States by artificial dikes, natural river berms, beach dunes, and the like. The court rules that although a narrow earthern berm prevents surface connection of the St. John River with appellants' swampland, the property does constitute a wetland as defined by the FWPCA and is therefore subject to the Corps' jurisdiction.

Counsel for Appellants
C. Ray Greene Jr.
Greene & greene
2500 Gulf Life Twr., Jacksonville FL 32207
(904) 396-5527

Counsel for Appellee
Ellen J. Durkee
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3888

Before FAY and VANCE, Circuit Judges, and ALLGOOD^*, District Judge.