Legal Opinion

United States v. Deaton

Court of Appeals for the Fourth Circuit

Decided April 7, 2000No. Nos. 98-2256, 98-2370PublishedCited by 18 opinions

1Opinion of the Court

Reversed in part, dismissed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINSON and Judge LUTTIG concurred.

OPINION

MICHAEL, Circuit Judge:

The United States sued James and Rebecca Deaton, alleging that they violated §§ 301 and 404 of the Clean Water Act, 33 U.S.C. §§ 1311, 1344, by sidecasting dredged material as they dug a drainage ditch through a wetland. The district court ultimately awarded summary judgment to the Deatons, and the government appeals. We reverse, holding that side-easting in a jurisdictional wetland is the discharge of…

2Cases cited7 opinions

  1. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  2. Clarence I. Taylor, Jr. v. David K. Waters, IndividuallyCourt of Appeals for the Fourth Circuit · 1996
  3. National Mining Association v. U.S. Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 1998
  4. James M. O'COnnOr v. United States of America, & Third Party v. Richard Voight, Third PartyCourt of Appeals for the Third Circuit · 1992
  5. United States v. WilsonCourt of Appeals for the Fourth Circuit · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. United States v. DeatonCourt of Appeals for the Fourth Circuit · 2003
  2. United States v. CundiffCourt of Appeals for the Sixth Circuit · 2009
  3. United States v. HubenkaCourt of Appeals for the Tenth Circuit · 2006
  4. United States v. DeatonCourt of Appeals for the Fourth Circuit · 2003
  5. United States v. James LuceroCourt of Appeals for the Ninth Circuit · 2021

13 more not listed; retrieve them via the Exa API.

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