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Craft v. National Park Service & National Oceanic and Atmospheric Administration

United States Court of Appeals for the Ninth Circuit

34 F.3d 918 (1994)

Relevant factsFree

Craft and others (plaintiffs) excavated objects from sunken ships in a national marine sanctuary using hammering and chiseling that scarred the seabed, violating a NOAA regulation banning dredging or otherwise altering the seabed "in any way," with limited exceptions for anchoring and commercial bottom trawling; NOAA assessed civil penalties, the district court affirmed, and the plaintiffs appealed, arguing the regulation was overbroad and unconstitutionally vague.

IssueFree

Whether a federal regulation is overly broad or unconstitutionally vague if it does not violate a constitutional or fundamental right and clearly prohibits a broad range of conduct.

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