Quimbee logo
DMCA.com Protection Status

Avoyelles Sportsmen's League v. Marsh

715 F.2d 897 (1983)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Avoyelles Sportsmen’s League v. Marsh

United States Court of Appeals for the Fifth Circuit

715 F.2d 897 (1983)

Facts

Private landowners (defendants) owned a 20,000-acre tract of land in the Red River backwater area. The tract was forested, but the land was part of a river basin and was subject to flooding. The landowners sought to clear the land for soybean production. The landowners used bulldozers and backhoes to clear the land. Some of the vegetation was buried, or redeposited, in holes that had been dug during the clearing process. The Avoyelles Sportsmen’s League and other environmental groups (collectively, environmental groups) (plaintiffs) filed suit against the United States Army Corps of Engineers (the corps) (defendant), the United States Environmental Protection Agency (EPA) (defendant), and the private landowners, claiming that the landowners’ land-clearing activity would result in the discharge of fill material into the waters of the United States in violation of the Clean Water Act. The environmental groups sought a declaration that the private landowners were barred from engaging in land-clearing activities without a permit from the EPA or the corps pursuant to § 404 of the Clean Water Act. The district court found that the private landowners’ land-clearing activity required a permit because it constituted a discharge of a pollutant under the Clean Water Act. The corps, EPA, and private landowners appealed, arguing that the mere removal of wetlands vegetation was not a discharge of a pollutant.

Rule of Law

Issue

Holding and Reasoning (Randall, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership