Legal Opinion
Jim Shelton, William Shrewsbury, Michael Borders and George D. Zamias v. John O. Marsh, Ernest J. Harrell and Robert D. Brown III
Court of Appeals for the Sixth Circuit
Decided May 4, 1990No. 89-5934PublishedCited by 13 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Appellants appeal the District Court’s dismissal for failure to state a claim in their action under the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. Appellants 1 sued the Army Corps of Engineers (the Corps) 2 to prevent the construction of a shopping mall which would destroy a wetland area in Ashland, Kentucky. They claimed that the permits allowing development were invalid because they were granted outside the procedures of the CWA. The District Court dismissed the action on the grounds that appellants failed to allege facts which would support a finding that the…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Bell v. HoodSupreme Court of the United States · 1946
- Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967
- United States Steel Corp. v. United States Environmental Protection Agency, Republic Steel Corporation v. Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1979
- BV Engineering v. University of CaliforniaSupreme Court of the United States · 1989
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Riverbend Farms, Inc. v. MadiganCourt of Appeals for the Ninth Circuit · 1992
- United States v. UteschCourt of Appeals for the Sixth Circuit · 2010
- United States v. Hoechst Celanese Corp.Court of Appeals for the Fourth Circuit · 1997
- Sierra Club v. U.S. Army Corps of EngineersDistrict Court, S.D. Alabama · 1996
- In Re ArnoldUnited States Bankruptcy Court, W.D. Missouri · 1996
8 more not listed; retrieve them via the Exa API.