United States v. Deaton

209 F.3d 331 (2000)

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United States v. Deaton

United States Court of Appeals for the Fourth Circuit
209 F.3d 331 (2000)

  • Written by Tammy Boggs, JD

Facts

James and Rebecca Deaton (defendants) owned a 12-acre parcel of land in Maryland that the United States Army Corps of Engineers (the Corps) (plaintiff) later concluded contained wetlands and constituted “waters of the United States.” James, who sought to construct a housing complex on the property, hired a contractor to dig a drainage ditch in the center of the property. Without obtaining any permit, the contractor dug the ditch, piling the excavated dirt and dredged material on either side of the ditch, a practice known as side casting. The Corps learned of the ditch and, after unsuccessful negotiations, sued the Deatons in district court alleging violations of the Clean Water Act (CWA). One of the principle disputed issues in trial-court proceedings and subsequently on appeal was whether side casting of excavated material in wetlands was a discharge of a pollutant under the CWA. The district court granted summary judgment in favor of the Deatons, and the government appealed.

Rule of Law

Issue

Holding and Reasoning (Michael, J.)

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