LEWIS v. UNITED STATES

No. 21-30163 consolidated with No. 23-30387.

88 F.4th 1073 (2023)

Garry L. LEWIS; G. Lewis-Louisiana, L.L.C., Plaintiffs-Appellants, v. UNITED STATES of America; Michael C. Wehr, Major General; Michael Clancy, Colonel; United States Army Corps of Engineers, Defendants-Appellees, Garry L. Lewis; G. Lewis-Louisiana, L.L.C., Plaintiffs-Appellants, v. United States of America; United States Army Corps of Engineers; Stephen Murphy, Colonel; Diana Holland, Major General, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED December 18, 2023.


Attorney(s) appearing for the Case

Drake L. Lewis , Livingston, LA, Antonio M. Clayton , Clayton, Fruge & Ward, Port Allen, LA, Joshua Merlin Lewis , Youngsville, LA, Stanley A. Millan , Jones Walker, L.L.P., New Orleans, LA, for Plaintiffs-Appellants.

Michael Thomas Gray , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Jennifer Scheller Neumann , U.S. Department of Justice, Environment & Natural Resources Division-Appellate Section, Washington, DC, for Defendants-Appellees United States of America, Michael C. Wehr, Major General, Michael Clancy, Colonel, United States Army Corps of Engineers in No. 21-30168.

Michael Thomas Gray , U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Sandra Ema Gutierrez , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Defendants-Appellees United States of America, United States Army Corps of Engineers, Stephen Murphy, Colonel, Diana Holland, Major General in No. 23-30387.

Before Jones, Higginson, and Duncan, Circuit Judges.


Appellants are landowners (referenced together as "Lewis") caught in the coils of the United States Army Corps of Engineers' (USACE's) assertions of Clean Water Act jurisdiction over "wetlands" on their inland Louisiana property for going on ten years. During this period, two Supreme Court cases, three Approved Jurisdictional...

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