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United States v. Riverside Bayview Homes, Inc.

United States Supreme Court
474 U.S. 121 (1985)

Written by Craig Conway, LLM

Facts

Riverside Bayview Homes, Inc. (Riverside) (defendant), wanted to fill sections of low-lying, wet, marshy lands with sand and soil for the purposes of constructing a housing development. The wetlands were located adjacent to Lake St. Clair in Michigan. The U.S. Army Corps of Engineers (Corps) (plaintiff) filed suit in federal district court to enjoin Riverside from filling in the area without a permit as required by § 404(a) of the Clean Water Act (CWA). The district court held for the Corps. Riverside appealed. The court of appeals reversed and construed the CWA and related regulations as excluding adjacent wetlands from the permit requirement. The U.S. Supreme Court granted certiorari to review.

Rule of Law

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Issue

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Holding and Reasoning (White, J.)

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