Supreme Court Endorses Broad FWPCA §404 Wetlands Jurisdiction

Volume 8, Issue 1, Page 14
Summary

The army Corps of Engineers' dredge and fill regulation program under §404 of the Federal Water Pollution Control Act (FWPCA) has generated its share of litigation, but until December 1985, it has never been the subject of a Supreme Court ruling. In December, the high court ruled in United States v. Riverside Bayview Homes, Inc., a case construing the geographical reach of the Corps' jurisdiction over wetlands.