Legal Opinion
United States v. City of Fort Pierre, SD
District Court, D. South Dakota
Decided December 30, 1983No. Civ. 81-3040PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, District Judge.
In this suit plaintiff contends that defendant City violated the Clean Water Act by discharging fill material into wetland waters of the United States, without a permit. 33 U.S.C. §§ 1311, 1319, 1344. Plaintiff United States seeks declaratory and injunctive relief, civil penalties of $10,000 per day of violation, and restoration of the area.
The City argues that the area filled was not a wetlands and thus, no permit was required. Defendant City also raises affirmative defenses of estoppel, selective prosecution, violation by plaintiff of the…
2Cases cited17 opinions
- United States of America, and Cross v. Earth Sciences, Inc., and CrossCourt of Appeals for the Tenth Circuit · 1979
- Leslie Salt Co. v. FroehlkeCourt of Appeals for the Ninth Circuit · 1978
- Natural Resources Defense Council, Inc. v. CallawayDistrict Court, District of Columbia · 1975
- Weiszmann v. District Engineer, U. S. Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 1976
- Deltona Corp. v. AlexanderCourt of Appeals for the Eleventh Circuit · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. Pretty Products, Inc.District Court, S.D. Ohio · 1991
- City of Fort Pierre v. United Fire & Casualty Co.South Dakota Supreme Court · 1990
- Hudson River Fishermen's Ass'n v. City of New YorkDistrict Court, S.D. New York · 1990
- Leslie Salt Co. v. United StatesDistrict Court, N.D. California · 1987
- United States v. City of Fort PierreCourt of Appeals for the Eighth Circuit · 1984
2 more not listed; retrieve them via the Exa API.