BORDEN RANCH PARTNERSHIP v. U.S. ARMY CORPS

No. 00-15700.

261 F.3d 810 (2001)

Borden Ranch Partnership; Angelo K. Tsakopoulos, Plaintiffs-Appellants, v. UNITED STATES Army Corps of Engineers; UNITED STATES Environmental Protection Agency, an agency of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2001


Attorney(s) appearing for the Case

Arthur F. Coon (argued) and Edmund L. Regalia (argued), Miller, Starr & Regalia, Walnut Creek, California, for the plaintiffs-appellants.

Sylvia Quast (argued), U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Robin L. Rivett, Pacific Legal Foundation, Sacramento, California, for Amicus Curiae Pacific Legal Foundation, California Farm Bureau Federation, and California Cattlemen's Association.

Before: William C. Canby, Jr., Michael Daly Hawkins, and Ronald M. Gould, Circuit Judges.


Argued and Submitted July 9, 2001 — San Francisco, California.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal concerns the authority of the U.S. Army Corps of Engineers ("the Corps") and the Environmental Protection Agency ("EPA") over a form of agricultural activity called "deep ripping" when it occurs in wetlands. We conclude that the Clean Water Act applies to this activity and affirm the district court's findings that Borden Ranch...

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