United States v. Riverside Bayview Homes, Inc.

474 U.S. 121 (1985)

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Nature of the Case

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Facts

D owns 80 acres of low-lying, marshy land near the shores of Lake St. Clair. In 1976, D began to place fill materials on its property as part of its preparations for construction of a housing development. The Corps of Engineers (P) sought to enjoin D from filling the property without the permission of the P under section 404 of the Clean Water Act. Under §§ 301 and 502 of the Act any discharge of dredged or fill materials into 'navigable waters' -- defined as the 'waters of the United States' -- is forbidden unless authorized by a permit issued by the Corps of Engineers pursuant to § 404. The Corps construed the Act to cover all 'freshwater wetlands' that were adjacent to other covered waters. A 'freshwater wetland' was defined as an area that is 'periodically inundated' and is 'normally characterized by the prevalence of vegetation that requires saturated soil conditions for growth and reproduction.' The District Court held that the portion of D's property lying below 575.5 feet above sea level was a covered wetland and enjoined D from filling it without a permit. D appealed. The Sixth Circuit reversed. The court construed the Corps' regulation to exclude from the category of adjacent wetlands -- and hence from that of 'waters of the United States' -- wetlands that were not subject to flooding by adjacent navigable waters at a frequency sufficient to support the growth of aquatic vegetation. The court held that a broader definition of wetlands might result in the taking of private property without just compensation. D's property was not within the Corps' jurisdiction, because its semiaquatic characteristics were not the result of frequent flooding by the nearby navigable waters. The Supreme Court granted certiorari.