Legal Opinion
United States v. Milner
Court of Appeals for the Ninth Circuit
Decided October 9, 2009No. 05-35802, 05-36126PublishedCited by 49 opinions
1Opinion of the Court
Betty B. FLETCHER, Circuit Judge:
In this appeal we decide whether a group of waterfront homeowners are liable for common law trespass and violations of the Rivers and Harbors Appropriation Act of 1899(RHA), 33 U.S.C. § 403, and the Clean Water Act (CWA), 33 U.S.C. § 1311, because the ambulatory tideland property boundary has come to intersect shore defense structures the homeowners have erected. In a series of summary judgment rulings and after a bench trial, the district court found against the homeowners and ordered them to remove violating structures and to pay a $1500 civil penalty. We…
2Cases cited73 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Taylor v. SturgellSupreme Court of the United States · 2008
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
- California v. Sierra ClubSupreme Court of the United States · 1981
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3Cited by49 opinions
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- Davilla v. Enable Midstream Partners L.P.Court of Appeals for the Tenth Circuit · 2019
- Coeur D'Alene Tribe v. Steve HawksCourt of Appeals for the Ninth Circuit · 2019
- Begay v. Public Service Co. of NMDistrict Court, D. New Mexico · 2010
44 more not listed; retrieve them via the Exa API.