Legal Opinion
Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. U.S. Corps of Eng'rs
Court of Appeals for the Eighth Circuit
Decided April 25, 2018No. 16-4283PublishedCited by 21 opinions
1Opinion of the Court
TUNHEIM, District Judge.
Merlyn Drake owns real property adjacent to Enemy Swim Lake in South Dakota and has been in the process of building a road across his property since 1998. Drake purportedly uses this road for agricultural purposes. Because constructing his road requires dredging and filling portions of Enemy Swim Lake and its surrounding creeks and inlets, he applied for permits from the United States Army Corps of Engineers ("the Corps") under the Clean Water Act ("CWA"). Between 1998 and 2009, the Corps issued six permit and exemption determinations to Drake.
But Drake is not the only…
2Cases cited30 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Holland v. FloridaSupreme Court of the United States · 2010
- Bennett v. SpearSupreme Court of the United States · 1997
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Auer v. RobbinsSupreme Court of the United States · 1997
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3Cited by21 opinions
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- North Dakota Retail Assoc. v. Board of GovernorsCourt of Appeals for the Eighth Circuit · 2022
- City of Council Bluffs v. U.S. Dept. of the InteriorCourt of Appeals for the Eighth Circuit · 2021
- Karl Langlois v. Bnsf Railway, CoCourt of Appeals of Washington · 2019
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