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UNITED STATES v. RIVERSIDE BAYVIEW HOMES

Nos. 81-1405, 81-1498.

729 F.2d 391 (1984)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. RIVERSIDE BAYVIEW HOMES, INC., a Michigan corporation, and Allied Aggregate Transportation Company, a Michigan corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1984.

Opinion on Denial of Rehearing and Rehearing June 8, 1984.

Attorney(s) appearing for the Case

Richard R. Gienapp, argued, Detroit, Mich., for defendants-appellants, cross-appellees.

Richard A. Rossman, U.S. Atty., Detroit, Mich., Hayward L. Draper, Asst. U.S. Atty., Detroit, Mich., Thomas H. Pacheco, Anne S. Almy, U.S. Dept. of Justice, Land & Nat. Resources Div., Washington, D.C., Ellen J. Durkee, argued, Melvyn B. Kalt, Deputy Dist. Counsel, U.S. Army Corps of Engineers, Detroit, Mich., for plaintiff-appellee, cross-appellant.

Before MERRITT and MARTIN, Circuit Judges, and WEICK, Senior Circuit Judge.

Opinion on Denial of Rehearing and Rehearing En Banc June 8, 1984.

MERRITT, Circuit Judge.

This is an environmental case concerning "wetlands" and the jurisdiction of the United States Army Corps of Engineers over them. The government claims that defendants, Riverside Bayview Homes, Inc., and Allied Aggregate Transportation Company, violated section 301(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1311(a) (1976), and regulations concerning...

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