UNITED STATES v. RIVERSIDE BAYVIEW HOMES, INC.

No. 84-701.

474 U.S. 121 (1985)

UNITED STATES v. RIVERSIDE BAYVIEW HOMES, INC., ET AL.

Supreme Court of United States.

Decided December 4, 1985


Attorney(s) appearing for the Case

Kathryn A. Oberly argued the cause for the United States. With her on the briefs were former Solicitor General Lee, Acting Solicitor General Fried, Assistant Attorney General Habicht, Deputy Solicitor General Claiborne, and Anne S. Almy.

Edgar B. Washburn argued the cause for respondents. With him on the brief was Richard K. Gienapp.*

Briefs of amici curiae urging affirmance were filed for the American Petroleum Institute by Stark Ritchie and James K. Jackson; for the Citizens of Chincoteague for a Reasonable Wetlands Policy by Richard R. Nageotte; for the Mid-Atlantic Developers Association by Kenneth D. McPherson; and for the Pacific Legal Foundation et al. by Ronald A. Zumbrun and Sam Kazman.

R. Sarah Compton and Robin S. Conrad filed a brief for the Chamber of Commerce of the United States as amicus curiae.


JUSTICE WHITE delivered the opinion of the Court.

This case presents the question whether the Clean Water Act (CWA), 33 U. S. C. § 1251 et seq., together with certain regulations promulgated under its authority by the Army Corps of Engineers, authorizes the Corps to require landowners to obtain permits from the Corps before discharging fill material into wetlands adjacent to navigable bodies of water and their...

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