Deaton v. U.S.

Date: August 11, 2011

U.S. Supreme Court

The NFIB Legal Center filed a brief with the Supreme Court urging the court to hear a case that challenged the U.S. Army Corps of Engineers’ attempt to regulate private land.  The Deaton family dug a drainage ditch on their Maryland property that connects to a roadside ditch in order to build a small subdivision with five houses.  The Corps decided that the roadside ditch was a “navigable water” and that the adjacent land was a wetland.  Therefore, the Deaton family was required to apply for a Clean Water Act permit before they could develop their property. 

Status:  DECIDED.  Amicus brief in support of Deaton’s petition for review filed 01/29/04.  Certiorari review denied by U.S. Supreme Court 04/05/04.

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