1. Home
  2. Browse Decisions
  3. F.3d
  4. 425 F.3d
  5. 425 F.3d 1150 (2005)
 

BACCARAT FREMONT DEVELOPERS, LLC v. U.S. ARMY CORPS OF ENGINEERS

No. 03-16586.

425 F.3d 1150 (2005)

BACCARAT FREMONT DEVELOPERS, LLC, a California limited liability company, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS; Timothy A. O'Rourke; San Francisco District of United States Army Corps of Engineers; State Water Resources Control Board; Celeste Cantu, Executive Officer of State Water Resources Control Board; San Francisco Regional Water Quality Control Board; Loretta K. Barsamian, Executive Officer of San Francisco Regional Water Quality Control Board; City of Fremont, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 14, 2005.

Attorney(s) appearing for the Case

Robert R. Moore and David H. Blackwell, Allen, Matkins, Leck, Gamble & Mallory, San Francisco, CA, for the plaintiff-appellant.

Todd S. Kim, U.S. Department of Justice, Washington, DC, James A. Coda and David M. Shapiro, Office of the U.S. Attorney, San Francisco, CA, Mark A. Rigau and Thomas S. Sansonetti, U.S. Department of Justice, San Francisco, CA, Jack M. Kerns, U.S. Army Corps of Engineers, San Francisco, CA, for the defendants-appellees.

Before: D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Baccarat Fremont Developers, LLC ("Baccarat") seeks to set aside the determination by the Army Corps of Engineers (the "Corps") that under the Clean Water Act ("CWA") it has jurisdiction over 7.66 acres of wetlands located on property owned by Baccarat in Fremont, California. The Corps asserts jurisdiction based on the fact that the wetlands are adjacent to waters of the United States...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases