Wetlands

The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure…

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…

The South Carolina Supreme Court reversed a lower court decision dismissing a group's declaratory judgment action against a developer for filling isolated wetlands on its property without a…

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit allowing 18.4 acres of wetlands in a state park to be destroyed to make way…

The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose…

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate…

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 court holds that farmers may dredge and clean a ditch as necessary to farm their land as they did before the Swampbuster provision of the Food Security Act became effective. Before Swampbuster…

The court holds that a state environmental agency did not have a duty to ascertain the accuracy of the location of wetlands on developers' property. The court first holds that the duty to…

The court holds that a U.S. Army Corps of Engineers' determination that landowners' property comprised jurisdictional wetlands, which resulted in the recision of a private contract for…