Dennis H. TREACY, Director, Department of Environmental Quality; State Water Control Board, Plaintiffs-Appellants, and
United States of America, Plaintiff,
v.
NEWDUNN ASSOCIATES, LLP; Orion Associates; Northwest Contractors, Defendants-Appellees.
Mary Margaret Whipple, Virginia State Senator; L. Preston Bryant, Virginia State Delegate; Chesapeake Bay Foundation, Incorporated, Amici Supporting Appellants.
National Association of Realtors; The National Association of Home Builders; NFIB Legal Foundation; National Association of Industrial and Office Properties; National Multi Housing Council; National Apartment Association; Real Estate Roundtable; Building Industry Legal Defense Foundation; Foundation for Environmental and Economic Progress; International Council of Shopping Centers, Amici Supporting Appellees.
United States of America, Plaintiff-Appellant, and
Dennis H. Treacy, Director, Department of Environmental Quality; State Water Control Board, Plaintiffs,
v.
Newdunn Associates, LLP; Orion Associates; Northwest Contractors, Defendants-Appellees.
Mary Margaret Whipple, Virginia State Senator; L. Preston Bryant, Virginia State Delegate; Chesapeake Bay Foundation, Incorporated, Amici Supporting Appellant.
National Association of Realtors; The National Association of Home Builders; NFIB Legal Foundation; National Association of Industrial and Office Properties; National Multi Housing Council; National Apartment Association; Real Estate Roundtable; Building Industry Legal Defense Foundation; Foundation for Environmental and Economic Progress; International Council of Shopping Centers, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: February 25, 2003.
Decided: September 10, 2003.
Attorney(s) appearing for the Case
ARGUED: Katherine J. Barton, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellant United States; John Kenneth Byrum, Jr., Assistant Attorney General, Richmond, Virginia, for State Appellants.
Mark Randolf Baumgartner, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees.
ON BRIEF: Thomas J. Sansonetti, Assistant Attorney General, Ellen Durkee, Ethan G. Shenkman, Kent E. Hanson, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Katherine D. Will, Office of General Counsel, U.S. Army Corps of Engineers, Norfolk, Virginia; Catherine Winer, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C., for Appellant United States.
Jerry W. Kilgore, Attorney General of Virginia, Roger L. Chaffe, Senior Assistant Attorney General, Rick R. Linker, Assistant Attorney General, Richmond, Virginia, for State Appellants.
Douglas E. Kahle, Richard H. Matthews, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees.
Roy A. Hoagland, The Chesapeake Bay Foundation, Inc., Richmond, Virginia; Deborah M. Murray, Southern Environmental Law Center, Charlottesville, Virginia, for Amici Curiae Whipple, et al. Virginia S. Albrecht, Hunton & Williams, Washington, D.C., for Amici Curiae Realtors, et al.
Before GREGORY and SHEDD, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Judge Gregory wrote the opinion, in which Judge Shedd and Senior Judge Beam joined.
OPINION
GREGORY, Circuit Judge:
During the summer of 2001, without obtaining a permit from the Army Corps of Engineers (the "Corps") or the Virginia State Water Control Board (the "Board"), Newdunn Associates, Orion Associates, and Northwest Contractors (collectively "Newdunn") began ditching and draining wetlands on a forty...
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