Sixth Circuit narrows definition of wetlands for purposes of Corps of Engineer's jurisdiction

Journal Article · Mon Apr 01 00:00:00 EST 1985 · Nat. Resour. J.; (United States)

OSTI ID:5232133

Jones, C

Riverside Bayview Homes owned approx. 80 acres of undeveloped land located within a suburban area north of Detroit, MI, approx. 1 mile from the navigable waterway of Lake St. Clair. In order for property to be classified as a wetland, the Sixth Circuit under US Riverside 1984 requires (1) evidence that the property, as it exists at the time of evaluation, is frequently flooded; (2) that the flooding be by waters flowing from navigable waters as defined in the Federal Water Pollution Control Act; and (3) that the flooding causes growth of aquatic vegetation. A strict reading of the 1977 wetlands definition, however, suggests that a wetlands classification requires (1) evidence that the property, as it exists at time of evaluation, be frequently flooded or saturated; (2) that this inundation or saturation be by surface or groundwater; and (3) that the inundation or saturation cause aquatic vegetation to grow there. Although the court may have reached the correct result in this case, its overly narrow interpretation of the 1977 definition sets a precedent in the Sixth Circuit that could lead to misclassification of land. 133 references.

• OSTI ID: 5232133
• Journal Information: Nat. Resour. J.; (United States), Vol. 25:2
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING
POLICY AND ECONOMY
54 ENVIRONMENTAL SCIENCES
MICHIGAN
WETLANDS
LEGAL ASPECTS
CORPS OF ENGINEERS
LAWSUITS
AQUATIC ECOSYSTEMS
ECOSYSTEMS
FEDERAL REGION V
NATIONAL ORGANIZATIONS
NORTH AMERICA
US DOD
US ORGANIZATIONS
USA
290300* - Energy Planning & Policy- Environment
Health
& Safety
510600 - Environment
Terrestrial- Regulations- (-1989)
520600 - Environment
Aquatic- Regulations - (-1989)