Michigan Wetlands Are Under Jurisdiction of Corps of Engineers

June 2005
Journal: American Water Works Association;Jun2005, Vol. 97 Issue 6, p43
Academic Journal
This article reports that the U.S. Court of Appeals for the Sixth Circuit has ruled that Michigan wetlands are under jurisdiction of the U.S. Army Corps of Engineers under the Clean Water Act (CWA). The Carabells own 19.61 acres of land in Chesterfield Township, Michigan. Today the property encompasses 15.96 acres of wooded wetlands and is one of the last remaining large forested wetland parcels in the county. The Carabells want to construct a large multifamily condominium development on the property. The Carabells applied to the Corps for a permit to fill 15.9 acres of the forested area of their property. The request was denied. The Carabells sued the Corps and the U.S. Environmental Protection Agency, seeking review of the decision. The trial court ruled for the U.S. government. The court concluded that because the wetlands on the Carabells' property were separated from a tributary of the waters of the U.S. only by a constructed berm, they were considered adjacent wetlands under the regulations.


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