Legal Opinion
State of Utah, by and Through Its Division of Parks and Recreation, Plaintiff v. John O. Marsh, Secretary of the Army
Court of Appeals for the Tenth Circuit
Decided August 3, 1984No. 81-1528PublishedCited by 22 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
The question before us is whether Congress is empowered under the Commerce Clause of the United States Constitution to regulate the discharge of dredged or fill material into Utah Lake, when the waters of the lake are not capable of bearing interstate navigation but are otherwise used to sustain and foster interstate commerce. The trial court granted summary judgment in favor of the federal defendants, and plaintiff, the State of Utah, appeals. We affirm.
I
The facts of this case are not in dispute. Utah Lake is the largest freshwater lake in the State of Utah, with a…
2Cases cited25 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Wickard v. FilburnSupreme Court of the United States · 1942
- United States v. DarbySupreme Court of the United States · 1941
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3Cited by22 opinions
- Argus Incorporated and Interphoto Corporation v. Eastman Kodak Co.Court of Appeals for the Second Circuit · 1986
- Leslie Salt Co., a Delaware Corporation Cargill, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Seamons v. SnowCourt of Appeals for the Tenth Circuit · 2000
- Friends of Santa Fe County v. LAC Minerals, Inc.District Court, D. New Mexico · 1995
- UNITED STATES of America, Plaintiff-Appellee, v. Ronald BRAMBLE, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
17 more not listed; retrieve them via the Exa API.