riverside
bayview
homes
argued
october
decided
december
clean
water
act
prohibits
discharge
dredged
fill
materials
navigable
waters
defined
waters
unless
authorized
permit
issued
army
corps
engineers
corps
construing
act
cover
freshwater
wetlands
adjacent
covered
waters
corps
issued
regulation
defining
wetlands
areas
inundated
saturated
surface
ground
water
frequency
duration
sufficient
support
normal
circumstances
support
prevalence
vegetation
typically
adapted
life
saturated
soil
conditions
respondent
riverside
bayview
homes
hereafter
respondent
began
placing
fill
materials
property
near
shores
lake
clair
michigan
corps
filed
suit
federal
district
enjoin
respondent
filling
property
without
corps
permission
finding
respondent
property
characterized
presence
vegetation
requiring
saturated
soil
conditions
growth
source
soil
conditions
ground
water
wetland
property
adjacent
body
navigable
water
district
held
property
wetland
subject
corps
permit
authority
appeals
reversed
construing
corps
regulation
exclude
category
adjacent
wetlands
hence
waters
wetlands
subject
flooding
adjacent
navigable
waters
frequency
sufficient
support
growth
aquatic
vegetation
took
view
corps
authority
act
implementing
regulations
must
narrowly
construed
avoid
taking
without
compensation
violation
fifth
amendment
construction
held
respondent
property
within
corps
jurisdiction
semiaquatic
characteristics
result
frequent
flooding
nearby
navigable
waters
therefore
respondent
free
fill
property
without
obtaining
permit
held
appeals
erred
concluding
narrow
reading
corps
regulatory
jurisdiction
wetlands
necessary
avoid
taking
problem
neither
imposition
permit
requirement
denial
permit
necessarily
constitutes
taking
tucker
act
available
provide
compensation
takings
may
result
corps
exercise
jurisdiction
wetlands
pp
district
findings
clearly
erroneous
plainly
bring
respondent
property
within
category
wetlands
thus
waters
defined
regulation
question
pp
language
policies
history
clean
water
act
compel
finding
corps
acted
reasonably
interpreting
act
require
permits
discharge
material
wetlands
adjacent
waters
pp
white
delivered
opinion
unanimous
kathryn
oberly
argued
cause
briefs
former
solicitor
general
lee
acting
solicitor
general
fried
assistant
attorney
general
habicht
deputy
solicitor
general
claiborne
anne
almy
edgar
washburn
argued
cause
respondents
brief
richard
gienapp
briefs
amici
curiae
urging
reversal
filed
national
wildlife
federation
et
al
jerry
jackson
frank
kelley
attorney
general
michigan
louis
caruso
solicitor
general
state
california
et
al
john
van
de
kamp
attorney
general
california
gregory
taylor
theodora
berger
assistant
attorneys
general
steven
kaufmann
david
hamilton
deputy
attorneys
general
joseph
lieberman
attorney
general
connecticut
michael
lilly
attorney
general
hawaii
neil
hartigan
attorney
general
illinois
jill
solicitor
general
william
guste
attorney
general
louisiana
stephen
sachs
attorney
general
maryland
hubert
humphrey
iii
attorney
general
minnesota
william
webster
attorney
general
missouri
mike
greely
attorney
general
montana
robert
spire
attorney
general
nebraska
paul
bardacke
attorney
general
new
mexico
lacy
thornburg
attorney
general
north
carolina
arlene
violet
attorney
general
rhode
island
michael
cody
attorney
general
tennessee
jeffrey
amestoy
attorney
general
vermont
charlie
brown
attorney
general
west
virginia
bronson
la
follette
attorney
general
wisconsin
briefs
amici
curiae
urging
affirmance
filed
american
petroleum
institute
stark
ritchie
james
jackson
citizens
chincoteague
reasonable
wetlands
policy
richard
nageotte
developers
association
kenneth
mcpherson
pacific
legal
foundation
et
al
ronald
zumbrun
sam
kazman
sarah
compton
robin
conrad
filed
brief
chamber
commerce
amicus
curiae
justice
white
delivered
opinion
case
presents
question
whether
clean
water
act
cwa
et
together
certain
regulations
promulgated
authority
army
corps
engineers
authorizes
corps
require
landowners
obtain
permits
corps
discharging
fill
material
wetlands
adjacent
navigable
bodies
water
tributaries
relevant
provisions
clean
water
act
originated
federal
water
pollution
control
act
amendments
stat
remained
essentially
unchanged
since
time
act
discharge
dredged
fill
materials
navigable
waters
defined
waters
forbidden
unless
authorized
permit
issued
corps
engineers
pursuant
initially
construing
act
cover
waters
navigable
fact
corps
issued
interim
final
regulations
redefining
waters
include
actually
navigable
waters
also
tributaries
waters
interstate
waters
tributaries
nonnavigable
intrastate
waters
whose
use
misuse
affect
interstate
commerce
fed
reg
importantly
present
purposes
corps
construed
act
cover
freshwater
wetlands
adjacent
covered
waters
freshwater
wetland
defined
area
periodically
inundated
normally
characterized
prevalence
vegetation
requires
saturated
soil
conditions
growth
reproduction
cfr
corps
refined
definition
wetlands
eliminating
reference
periodic
inundation
making
minor
changes
definition
reads
follows
term
wetlands
means
areas
inundated
saturated
surface
ground
water
frequency
duration
sufficient
support
normal
circumstances
support
prevalence
vegetation
typically
adapted
life
saturated
soil
conditions
wetlands
generally
include
swamps
marshes
bogs
similar
areas
cfr
respondent
riverside
bayview
homes
hereafter
respondent
owns
acres
marshy
land
near
shores
lake
clair
macomb
county
michigan
respondent
began
place
fill
materials
property
part
preparations
construction
housing
development
corps
engineers
believing
property
adjacent
wetland
regulation
defining
waters
filed
suit
district
eastern
district
michigan
seeking
enjoin
respondent
filling
property
without
permission
corps
district
held
portion
respondent
property
lying
feet
sea
level
covered
wetland
enjoined
respondent
filling
without
permit
civ
app
pet
cert
civ
june
app
pet
cert
respondent
appealed
appeals
remanded
consideration
effect
intervening
amendments
regulation
remand
district
held
property
wetland
subject
corps
permit
authority
civ
may
app
pet
cert
respondent
appealed
sixth
circuit
reversed
construed
corps
regulation
exclude
category
adjacent
wetlands
hence
waters
wetlands
subject
flooding
adjacent
navigable
waters
frequency
sufficient
support
growth
aquatic
vegetation
adopted
construction
regulation
view
broader
definition
wetlands
might
result
taking
private
property
without
compensation
also
expressed
doubt
congress
granting
corps
jurisdiction
regulate
filling
navigable
waters
intended
allow
regulation
wetlands
result
flooding
navigable
waters
reading
regulation
respondent
property
within
corps
jurisdiction
semiaquatic
characteristics
result
frequent
flooding
nearby
navigable
waters
respondent
therefore
free
fill
property
without
obtaining
permit
granted
certiorari
consider
proper
interpretation
corps
regulation
defining
waters
scope
corps
jurisdiction
clean
water
act
called
question
sixth
circuit
ruling
reverse
ii
question
whether
corps
engineers
may
demand
respondent
obtain
permit
placing
fill
material
property
primarily
one
regulatory
statutory
interpretation
must
determine
whether
respondent
property
adjacent
wetland
within
meaning
applicable
regulation
whether
corps
jurisdiction
navigable
waters
gives
statutory
authority
regulate
discharges
fill
material
wetland
connection
first
consider
appeals
position
corps
regulatory
authority
statute
implementing
regulations
must
narrowly
construed
avoid
taking
without
compensation
violation
fifth
amendment
frequently
suggested
governmental
regulation
may
extreme
circumstances
amount
taking
affected
property
see
williamson
county
regional
planning
hamilton
bank
penn
central
transportation
new
york
city
never
precisely
defined
circumstances
see
general
approach
summed
agins
tiburon
stated
application
landuse
regulations
particular
piece
property
taking
ordinance
substantially
advance
legitimate
state
interests
denies
owner
economically
viable
use
land
moreover
made
quite
clear
mere
assertion
regulatory
jurisdiction
governmental
body
constitute
regulatory
taking
see
hodel
virginia
surface
mining
reclamation
reasons
obvious
requirement
person
obtain
permit
engaging
certain
use
property
take
property
sense
existence
permit
system
implies
permission
may
granted
leaving
landowner
free
use
property
desired
moreover
even
permit
denied
may
viable
uses
available
owner
permit
denied
effect
denial
prevent
economically
viable
use
land
question
said
taking
occurred
neither
imposition
permit
requirement
denial
permit
necessarily
constitutes
taking
follows
appeals
erred
concluding
narrow
reading
corps
regulatory
jurisdiction
wetlands
necessary
avoid
serious
taking
problem
held
general
quitable
relief
available
enjoin
alleged
taking
private
property
public
use
duly
authorized
law
suit
compensation
brought
sovereign
subsequent
taking
ruckelshaus
monsanto
omitted
maxim
rests
principle
long
compensation
available
whose
property
fact
taken
governmental
action
unconstitutional
williamson
county
supra
precisely
reason
possibility
application
regulatory
program
may
instances
result
taking
individual
pieces
property
justification
use
narrowing
constructions
curtail
program
compensation
event
available
cases
taking
occurred
circumstances
adoption
narrowing
construction
constitute
avoidance
constitutional
difficulty
cf
ashwander
tva
brandeis
concurring
merely
frustrates
permissible
applications
statute
regulation
tucker
act
presumptively
supplies
means
obtaining
compensation
taking
may
occur
operation
federal
statute
see
ruckelshaus
monsanto
supra
available
provide
compensation
takings
may
result
corps
exercise
jurisdiction
wetlands
appeals
fears
application
corps
permit
program
might
result
taking
justify
adopting
limited
view
corps
authority
terms
relevant
regulation
might
otherwise
support
iii
purged
spurious
constitutional
overtones
question
whether
regulation
issue
requires
respondent
obtain
permit
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property
easy
one
regulation
extends
corps
authority
wetlands
adjacent
navigable
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waters
tributaries
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turn
defined
lands
inundated
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surface
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water
frequency
duration
sufficient
support
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prevalence
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typically
adapted
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saturated
soil
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cfr
emphasis
added
plain
language
regulation
refutes
appeals
conclusion
inundation
frequent
flooding
adjacent
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sine
qua
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wetland
regulation
indeed
regulation
hardly
state
clearly
saturation
either
surface
ground
water
sufficient
bring
area
within
category
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provided
saturation
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support
wetland
vegetation
history
regulation
underscores
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cfr
deleting
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promulgated
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explained
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interpretation
language
requiring
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record
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years
fed
reg
fashioning
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precisely
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flooding
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definition
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covers
property
district
found
respondent
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characterized
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soil
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pet
cert
source
saturated
soil
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ground
water
plausible
suggestion
findings
clearly
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bring
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within
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wetland
located
respondent
property
adjacent
body
navigable
water
since
area
characterized
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soil
conditions
wetland
vegetation
extended
beyond
boundary
respondent
property
black
creek
navigable
waterway
finding
clearly
erroneous
together
findings
establish
respondent
property
wetland
adjacent
navigable
waterway
hence
part
waters
defined
cfr
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valid
construction
term
waters
used
clean
water
act
question
address
property
falls
within
scope
corps
jurisdiction
navigable
waters
act
iv
agency
construction
statute
charged
enforcing
entitled
deference
reasonable
conflict
expressed
intent
congress
chemical
manufacturers
assn
natural
resources
defense
council
chevron
natural
resources
defense
council
accordingly
review
limited
question
whether
reasonable
light
language
policies
legislative
history
act
corps
exercise
jurisdiction
wetlands
adjacent
regularly
flooded
rivers
streams
hydrographic
features
conventionally
identifiable
waters
purely
linguistic
level
may
appear
unreasonable
classify
lands
wet
otherwise
waters
simplistic
response
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justice
neither
problem
faced
corps
defining
scope
authority
realities
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water
pollution
clean
water
act
intended
combat
determining
limits
power
regulate
discharges
act
corps
must
necessarily
choose
point
water
ends
land
begins
common
experience
tells
us
often
easy
task
transition
water
solid
ground
necessarily
even
typically
abrupt
one
rather
open
waters
dry
land
may
lie
shallows
marshes
mudflats
swamps
bogs
short
huge
array
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wholly
aquatic
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far
short
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land
continuum
find
limit
waters
far
obvious
faced
problem
defining
bounds
regulatory
authority
agency
may
appropriately
look
legislative
history
underlying
policies
statutory
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authority
neither
sources
provides
unambiguous
guidance
corps
case
together
support
reasonableness
corps
approach
defining
adjacent
wetlands
waters
within
meaning
section
originated
part
federal
water
pollution
control
act
amendments
constituted
comprehensive
legislative
attempt
restore
maintain
chemical
physical
biological
integrity
nation
waters
cwa
objective
incorporated
broad
systemic
view
goal
maintaining
improving
water
quality
house
report
legislation
put
word
integrity
refers
condition
natural
structure
function
ecosystems
maintained
protection
aquatic
ecosystems
congress
recognized
demanded
broad
federal
authority
control
pollution
ater
moves
hydrologic
cycles
essential
discharge
pollutants
controlled
source
keeping
views
congress
chose
define
waters
covered
act
broadly
although
act
prohibits
discharges
navigable
waters
see
cwa
act
definition
navigable
waters
waters
makes
clear
term
navigable
used
act
limited
import
adopting
definition
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congress
evidently
intended
repudiate
limits
placed
federal
regulation
earlier
water
pollution
control
statutes
exercise
powers
commerce
clause
regulate
least
waters
deemed
navigable
classical
understanding
term
see
conf
cong
rec
statement
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course
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congress
intended
allow
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assert
congress
intended
abandon
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notions
waters
include
term
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well
nonetheless
evident
breadth
congressional
concern
protection
water
quality
aquatic
ecosystems
suggests
reasonable
corps
interpret
term
waters
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wetlands
adjacent
waters
conventionally
defined
following
lead
environmental
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fed
reg
corps
determined
wetlands
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matter
play
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rely
artificial
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waters
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form
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high
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affect
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within
aquatic
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reason
landward
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federal
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must
include
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slow
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congressional
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came
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congress
consideration
clean
water
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major
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improvements
within
existing
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clean
water
act
pp
end
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shall
explain
congress
acquiesced
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critics
corps
permit
program
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insert
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corps
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legislation
house
bill
reported
committee
proposed
redefinition
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senate
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contrast
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redefinition
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primarily
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permit
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floor
senate
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along
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set
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house
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cong
rec
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house
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senate
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proponents
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nonnavigable
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congress
intended
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narrower
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exclude
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wetlands
ecosystems
water
quality
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debate
particularly
senate
lengthy
house
debate
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approach
efforts
narrow
definition
waters
abandoned
legislation
ultimately
passed
words
senator
baker
retain
ed
comprehensive
jurisdiction
nation
waters
exercised
federal
water
pollution
control
act
significance
congress
treatment
corps
jurisdiction
consideration
clean
water
act
twofold
first
scope
corps
asserted
jurisdiction
wetlands
specifically
brought
congress
attention
congress
rejected
measures
designed
curb
corps
jurisdiction
large
part
concern
protection
wetlands
unduly
hampered
narrowed
definition
navigable
waters
although
chary
attributing
significance
congress
failure
act
refusal
congress
overrule
agency
construction
legislation
least
evidence
reasonableness
construction
particularly
administrative
construction
brought
congress
attention
legislation
specifically
designed
supplant
see
bob
jones
university
rutherford
second
notable
even
restricted
reach
corps
jurisdiction
done
removing
wetlands
altogether
definition
waters
restricting
scope
navigable
waters
waters
navigable
fact
adjacent
wetlands
amending
definition
navigable
waters
purposes
backers
house
bill
left
intact
existing
definition
navigable
waters
purposes
act
generally
prohibits
discharges
pollutants
navigable
waters
house
report
explained
navigable
waters
used
section
includes
waters
including
adjacent
wetlands
thus
even
thought
corps
existing
authority
broad
recognized
definition
navigable
waters
force
reasonably
interpreted
include
adjacent
wetlands
water
quality
concerns
clean
water
act
demanded
regulation
least
discharges
wetlands
whatever
jurisdiction
corps
retain
discharges
fill
material
passage
legislation
extend
discharges
wetlands
adjacent
waters
corps
retained
jurisdiction
views
provide
additional
support
conclusion
congress
acquiesced
corps
definition
waters
including
adjacent
wetlands
two
features
actually
included
legislation
congress
enacted
also
support
view
act
authorizes
corps
regulate
discharges
wetlands
first
amending
allow
federally
approved
state
permit
programs
supplant
regulation
corps
certain
discharges
fill
material
congress
provided
permitted
supersede
corps
jurisdiction
regulate
discharges
actually
navigable
waters
waters
subject
ebb
flow
tide
including
wetlands
adjacent
thereto
cwa
congress
expressly
stated
term
waters
included
adjacent
wetlands
second
act
authorized
appropriation
million
completion
department
interior
national
wetlands
inventory
assist
development
operation
programs
act
cwa
enactment
provision
reflects
congressional
recognition
wetlands
concern
clean
water
act
supports
conclusion
defining
waters
covered
act
include
wetlands
corps
implementing
congressional
policy
rather
embarking
frolic
red
lion
broadcasting
fcc
thus
persuaded
language
policies
history
clean
water
act
compel
finding
corps
acted
reasonably
interpreting
act
require
permits
discharge
fill
material
wetlands
adjacent
waters
regulation
corps
embodied
interpretation
terms
includes
wetlands
respondent
property
within
class
waters
may
filled
without
permit
seen
reason
interpret
regulation
narrowly
terms
indicate
accordingly
judgment
appeals
reversed
footnotes
regulations
also
cover
certain
wetlands
necessarily
adjacent
waters
see
cfr
provisions
us
denying
government
petition
rehearing
panel
reiterated
somewhat
strongly
belief
corps
construction
regulation
overbroad
inconsistent
language
act
even
appeals
correct
concluding
narrowing
construction
regulation
necessary
avoid
takings
property
application
permit
requirement
construction
adopted
requires
showing
frequent
flooding
property
may
classified
wetland
hardly
tailored
supposed
difficulty
whether
denial
permit
constitute
taking
given
case
depend
upon
effect
denial
owner
ability
put
property
productive
use
whether
property
frequently
flooded
particular
bearing
question
overbroad
regulation
even
completely
submerged
property
may
constitute
taking
see
kaiser
aetna
indeed
may
likely
denying
permit
fill
frequently
flooded
property
prevent
economically
viable
use
property
denying
permit
fill
property
wet
flooded
course
excluding
large
chunk
nation
wetlands
regulatory
definition
appeals
construction
might
tend
limit
gross
number
takings
permit
program
otherwise
entail
construction
adopted
still
bears
insufficiently
precise
relationship
problem
seeks
avoid
security
industrial
bank
adopted
narrowing
construction
statute
avoid
taking
difficulty
contrary
case
problem
substantial
argument
retroactive
application
particular
provision
bankruptcy
code
every
case
constitute
taking
solution
avoid
difficulty
construing
statute
apply
prospectively
approach
sensible
appears
identifiable
class
cases
application
statute
necessarily
constitute
taking
observed
case
identifiable
set
instances
mere
application
permit
requirement
necessarily
even
probably
constitute
taking
approach
adopting
limiting
construction
thus
unwarranted
corps
denied
respondent
permit
fill
property
respondent
may
well
ripe
claim
taking
occurred
record
us
however
basis
evaluating
claim
evidence
introduced
bears
question
extent
denial
permit
fill
property
prevent
economically
viable
uses
property
frustrate
reasonable
expectations
event
lawsuit
proper
forum
resolving
dispute
corps
indeed
effectively
taken
respondent
property
respondent
proper
course
resist
corps
suit
enforcement
denying
regulation
covers
property
initiate
suit
compensation
claims
stating
course
rule
respondent
entitled
compensation
temporary
denial
use
property
corps
ultimately
relent
allow
filled
yet
resolved
question
whether
compensation
constitutionally
mandated
remedy
temporary
regulatory
takings
see
williamson
county
planning
hamilton
bank
case
provides
occasion
deciding
issue
appeals
seems
also
rested
requirement
language
regulation
stating
wetlands
encompass
areas
normal
circumstances
support
aquatic
semiaquatic
vegetation
preamble
final
regulation
corps
explained
language
intended
part
exclude
areas
characterized
abnormal
presence
aquatic
vegetation
nonaquatic
area
fed
reg
apparently
appeals
concluded
growth
wetlands
vegetation
soils
saturated
ground
water
rather
flooded
waters
emanating
adjacent
navigable
water
tributaries
abnormal
within
meaning
preamble
interpretation
untenable
light
explicit
statements
regulation
preamble
areas
saturated
ground
water
fall
within
category
wetlands
nonsensical
corps
define
wetlands
include
areas
sentence
exclude
ground
presence
wetland
vegetation
areas
abnormal
evidently
corps
something
else
mind
referred
abnormal
growth
wetlands
vegetation
namely
aberrational
presence
vegetation
dry
upland
areas
called
upon
address
question
authority
corps
regulate
discharges
fill
material
wetlands
adjacent
bodies
open
water
see
cfr
express
opinion
question
course
may
well
every
adjacent
wetland
great
importance
environment
adjoining
bodies
water
existence
cases
seriously
undermine
corps
decision
define
adjacent
wetlands
waters
reasonable
corps
conclude
majority
cases
adjacent
wetlands
significant
effects
water
quality
aquatic
ecosystem
definition
stand
definition
may
include
wetlands
significantly
intertwined
ecosystem
adjacent
waterways
little
moment
appears
wetland
covered
corps
definition
fact
lacking
importance
aquatic
environment
importance
outweighed
values
corps
may
always
allow
development
wetland
uses
simply
issuing
permit
see
cfr
cong
rec
see
also
statement
wallop
statement
randolph
statement
murphy
statement
ambro
sure
conclusively
determine
construction
placed
use
term
waters
elsewhere
act
particularly
contains
relevant
definition
navigable
waters
however
light
fact
various
provisions
act
read
pari
materia
least
suggest
strongly
term
waters
used
act
necessarily
exclude
wetlands