Nos. 89-15244, 89-15337.

896 F.2d 354 (1990)

LESLIE SALT CO., a Delaware corporation, Plaintiff-Appellee, v. UNITED STATES of America, et al., Defendants, and Save San Francisco Bay Association, a non-profit California corporation; National Audubon Society, a non-profit New York corporation, Defendant-Intervenors-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. LESLIE SALT CO., a Delaware corporation; and Cargill, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Michael P. Healy, Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for defendants, plaintiff-appellant.

Edgar B. Washburn, Washburn, Briscoe & McCarthy, San Francisco, Cal., for plaintiff-appellee.

Clement Shute, Jr., Shute, Mihaly & Weinberger, San Francisco, Cal., for defendant-intervenors-appellants, Save San Francisco Bay Ass'n and National Audubon Soc.

Edwin F. Lowry, Deputy Atty. Gen., San Francisco, Cal., for the amicus curiae, State of Cal.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

FARRIS, Circuit Judge:

This is an appeal from a district court decision denying the Army Corps of Engineers jurisdiction under the Clean Water Act, 33 U.S.C. § 1251 et seq., over a parcel of land near the San Francisco Bay. 700 F.Supp. 476. The Corps had sought to require the landowner to obtain a permit before draining and filling the land, which over many years had acquired some aquatic characteristics. The district court...

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