Legal Opinion
Precon Development Corp. v. United States Army Corps of Engineers
Court of Appeals for the Fourth Circuit
Decided January 25, 2011No. 09-2239PublishedCited by 28 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Senior Judge HAMILTON joined.
OPINION
DUNCAN, Circuit Judge:
This appeal arises out of a determination made by the Army Corps of Engineers (the “Corps”) that it has jurisdiction, under the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., over 4.8 acres of wetlands located on Precon Development Corporation’s (“Precon” ’s) property, approximately seven miles from the nearest navigable water. The Corps subsequently denied Precon’s application for a CWA permit to impact the wetlands through…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jimmy Radford v. Carolyn ColvinCourt of Appeals for the Fourth Circuit · 2013
- National Ass'n of Home Builders v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2011
- United States v. DonovanCourt of Appeals for the Third Circuit · 2011
- United States v. Joseph RobertsonCourt of Appeals for the Ninth Circuit · 2017
- Orchard Hill Bldg. Co. v. U.S. Army Corps of Eng'rsCourt of Appeals for the Seventh Circuit · 2018
23 more not listed; retrieve them via the Exa API.