United States v. Riverside Bayview Homes, Inc.
Headline: Decision upholds Army Corps’ authority to require permits before filling wetlands next to navigable waters, making it harder for landowners and developers to fill such wetlands without federal permission.
Holding: The Court ruled that the Clean Water Act and Corps’ regulations reasonably allow the Corps to require permits before discharging fill into wetlands adjacent to navigable waters, so the property required a permit.
- Requires federal permits before filling wetlands adjacent to navigable waters.
- Restricts landowners’ ability to develop marshy or saturated property without Corps approval.
- Allows property owners to seek compensation if a permit denial effectively takes land.
Summary
Background
A private developer owned about 80 acres of low, marshy land near Lake St. Clair and began placing fill on it to prepare for housing. The Army Corps of Engineers sued, saying the land was an "adjacent wetland" covered by the Corps’ regulations and that the developer needed a §404 permit before filling. Lower courts split: the District Court found the land was a covered wetland, the Sixth Circuit reversed, and the case reached the Court to decide the proper scope of the Corps’ rule.
Reasoning
The core question was whether the Corps reasonably interpreted the Clean Water Act to treat wetlands that are adjacent to navigable waters as part of the "waters of the United States." The Court held the regulation plainly covers land that is saturated by surface or ground water and supports wetland vegetation. It found the Corps’ ecological judgment and Congress’ 1977 treatment of the issue supported that reading. The Court also rejected narrowing the rule to avoid a property-taking problem, noting that compensation remedies exist if a taking occurs.
Real world impact
Because the land here abutted a navigable stream and met the regulation’s wetland definition, the developer needed a Corps permit. The ruling confirms that owners and developers nationwide may need federal permits before filling wetlands adjacent to navigable waters, though the Corps can still grant permits balancing environmental and development interests. If a permit denial effectively takes property, the owner can pursue compensation remedies in the appropriate forum.
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