United States of America v. Herman Diamond

THORNBERRY, Circuit Judge:

This is an appeal from the district court’s granting of a permanent injunction forbidding appellant Diamond “from engaging in or permitting, suffering, or causing, directly or indirectly, any fill or construction operations” on certain salt water tidal marshlands owned by Diamond. Appellant argues that the injunction must be vacated on four separate grounds: (1) the Secretary of the Army or his designate did not request the bringing of this suit, as required by statute; (2) the District Engineer’s granting of a dock permit to appellant in 1965 established a harbor…