[Download] "United States v. Riverside Bayview Homes Inc." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Riverside Bayview Homes Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 07, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This is an environmental case concerning "wetlands" and the jurisdiction of the United States Army Corps of Engineers over them. The government claims that defendants, Riverside Bayview Homes, Inc., and Allied Aggregate Transportation Company, violated section 301(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1311(a) (1976), and regulations concerning "wetlands" purportedly issued under that Act. The claimed violation occurred when the defendants deposited fill material on Riversides land, which the government asserts is a "wetland," without obtaining a permit from the Corps of Engineers as required by the Act. Judge Cornelia Kennedy, sitting as a District Judge, issued a permanent injunction prohibiting further filling on a large portion of Riversides property and a declaratory judgment holding one of the Corps regulations unconstitutional. Both parties then appealed.