Borden Ranch Partnership v. U.S. Army Corps of Engineers

Tsakopolous (plaintiff) owned an 8,400-acre ranch including wetlands and wanted to plant vineyards and orchards, which need deep roots. He used 'deep ripping'-heavy machinery driving metal prongs to tear up and then replace a layer of soil. The U.S. Army Corps of Engineers and EPA (defendants) issued cease-and-desist and administrative orders under the Clean Water Act (33 U.S.C. section 1311(a)), which bars 'discharge of pollutants' into the nation's waters. Tsakopolous sued, arguing deep ripping was not a discharge and fell under the normal-farming exception; the United States counterclaimed for an injunction. The district court found for the United States, and Tsakopolous appealed.

Whether the process of deep ripping constitutes a 'discharge of pollutants' under the Clean Water Act.