United States v. Riverside Bayview Homes, Inc.
United States Supreme Court
474 U.S. 121 (1985)
Relevant factsFree
Riverside Bayview Homes, Inc. (Riverside) (defendant) wanted to fill wetlands adjacent to Lake St. Clair, Michigan, with sand and soil to build housing. The Army Corps of Engineers (Corps) (plaintiff) sued to enjoin Riverside from filling the wetlands without a permit under § 404(a) of the Clean Water Act (CWA); the district court sided with the Corps, but the court of appeals reversed, construing the CWA and its regulations as excluding adjacent wetlands from the permit requirement.
IssueFree
Whether a wetland adjacent to a lake is "navigable water" under the Clean Water Act, giving the U.S. Army Corps of Engineers permit jurisdiction.
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