Property Interests Win Small Wetlands Battle

National Mining v. U.S. Army Corps, Nos. 97-5099 and 97-5112

November 1, 1998

Property owners won a small victory this summer. A federal appeals court ruled that the U.S. Army Corps of Engineers acted improperly when it regulated dredging activity the same way it regulates activity that adds fill material to navigable waters, including wetlands.

The decision means the federal government can’t holdproperty owners to certain permit requirements when they remove soil from wetlands as part of development activity. It also helps lighten the burden for utility and other projects that support housing development.

The case was decided June 19 by the U.S. Court of Appeals, District of Columbia Circuit.

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