STATE OF UTAH BY & THROUGH DIV. OF PARKS v. MARSH

No. 81-1528.

740 F.2d 799 (1984)

STATE OF UTAH, By and Through its DIVISION OF PARKS AND RECREATION, Plaintiff-Appellant, v. John O. MARSH, Secretary of the Army; et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 1984.


Attorney(s) appearing for the Case

Dallin W. Jensen, Asst. Atty. Gen. of the State of Utah, Salt Lake City, Utah (David L. Wilkinson, Atty. Gen., Richard L. Dewsnup and Michael M. Quealy, Asst. Attys. Gen., Salt Lake City, Utah, were on brief), for plaintiff-appellant.

Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C. (Brent D. Ward, U.S. Atty., Salt Lake City, Utah, and Carol E. Dinkins, Asst. Atty. Gen., Dirk D. Snel and Fred R. Disheroon, Attys., Dept. of Justice, Washington, D.C., were also on brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.


HOLLOWAY, Circuit Judge.

The question before us is whether Congress is empowered under the Commerce Clause of the United States Constitution to regulate the discharge of dredged or fill material into Utah Lake, when the waters of the lake are not capable of bearing interstate navigation but are otherwise used to sustain and foster interstate commerce. The trial court granted summary judgment in favor of the federal defendants, and plaintiff, the State of Utah, appeals...

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