TITLE

Michigan Wetlands Are Under Jurisdiction of Corps of Engineers

PUB. DATE
June 2005
SOURCE
Journal: American Water Works Association;Jun2005, Vol. 97 Issue 6, p43
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
17393492

 

Related Articles

  • Rapanos v. United States: Evaluating the Efficacy of Textualism in Interpreting Environmental Laws. Covington, Courtney // Ecology Law Quarterly;2007, Vol. 34 Issue 3, p801 

    Rapanos v. United States is the third in a series of important cases addressing the extent to which the U.S. Army Corps of Engineers may regulate wetland areas under the Clean Water Act. Although no opinion commanded a majority of the Court, the decision revealed deep divisions among the...

  • Activists pressing court challenge to controversial L.A. ... Marois, Michael B. // Bond Buyer;11/04/97, Vol. 322 Issue 30266, p31 

    Reports the plan of a coalition of environmentalists to petition a federal judge in Los Angeles, California to prolong an order halting the construction of the commercial and residential project of Playa Vista. Amount of MelloRoos bonds over fifteen years planned by Los Angeles and Los Angeles...

  • Back from the Dead - and at Risk Again.  // EnviroAction Newsletter;Oct2005, Vol. 23 Issue 8, p2 

    This article reports that the U.S. National Wildlife Federation and Arkansas Wildlife Federation have filed a lawsuit to stop the U.S. Army Corps of Engineers plans to drain wild wetlands in the forests of Arkansas, with the assistance of the U.S. Fish and Wildlife Service (FWS). The Corps began...

  • The Higher Cost of Drinking Water. Zeigler, Jessalyn; Hilderbrand, Wendee // Environmental Litigation Committee Newsletter;Winter2009, Vol. 20 Issue 1, p9 

    The article presents information on a litigation between the U.S. Army Corps of Engineers and Smyrna state, over the drawing of Smyrna's water supply from a reservoir controlled by the Corps. Smyrna, has reportedly been drawing water from the reservoir for decades, but according to new...

  • Federal Court Says Try Again on 'Fallback' Rule. Lawlor, James // Planning;May2007, Vol. 73 Issue 5, p48 

    The article reports about the order of the U.S. District Court for the District of Columbia to the U.S. Army Corps of Engineers to rewrite its regulation that governs the incidental fallback from dredging in wetlands. The court cites that the Clean Water Act forbids the discharge of pollutants...

  • IN THE COURTS.  // National Wetlands Newsletter;Mar/Apr2011, Vol. 33 Issue 2, p29 

    The article presents several court rulings in the U.S. Michigan Supreme Court held that a plan of a company to discharge contaminated water from an environmental cleanup site is accountable under the Michigan Environmental Protection Act (MEPA) permission. Maryland court remanded provisions in a...

  • Wetlands Issues.  // WaterWorld;Feb2005, Vol. 21 Issue 2, p8 

    This article reports that the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers said in December 2004 they would not issue expand federal regulatory jurisdiction over isolated wetlands. In 2001 the U.S. Supreme Court, in the case of Solid Waste Agency of Northern Cook...

  • Bayport Houston Make It Happen.  // DPC: Dredging & Port Construction;Apr2004, p30 

    Reports on the approval by the U.S. environmental agencies of the development of the Bayport Container and Cruise Terminal in Bayport, Houston. Claim by Port of Houston Authority chairman Jim Edmonds of the plan's compliance with environmental standards and procedures; Support for the program...

  • Draft EPA-Corps Rule Seeks To Clarify Clean Water Act's Scope. Ichniowski, Tom // ENR: Engineering News-Record;9/30/2013, Vol. 271 Issue 13, p9 

    The article discusses a proposed rule drafted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to clarify the scope of the Clean Water Act. The draft rule aims to clear up the issue of which bodies of water fall under federal regulatory jurisdiction and which do...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics