Legal Opinion

United States v. Donovan

Court of Appeals for the Third Circuit

Decided October 31, 2011No. 10-4295PublishedCited by 114 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

David H. Donovan added fill material to a portion of his property in New Castle County, Delaware that the United States contends is “wetlands” subject to the Clean Water Act (“CWA” or “Act”). The Government brought an enforcement proceeding against him under the Act to force him to remove the fill and pay a fine. Donovan argued that his property is not covered by the CWA. However, the District Court disagreed, granting summary judgment in the Government’s favor and imposing a $250,000 fine. In this appeal, we are called upon to decide what test to…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  5. United States v. JacobsenSupreme Court of the United States · 1984

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3Cited by114 opinions

  1. Daniel Binderup v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2016
  2. Scott Clabourne v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
  3. Zedonis v. LynchDistrict Court, M.D. Pennsylvania · 2017
  4. Finkel v. Polichuk (In re Polichuk)United States Bankruptcy Court, E.D. Pennsylvania · 2014
  5. United States v. Tyrone DavisCourt of Appeals for the Ninth Circuit · 2016

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