U.S. v. Newdunn -- Fighting Civil Penalties Assessed in Wetlands Case

Author: R Stell Date: November 17, 2005

In a case similar to U.S. v. Rapanos, the NFIB Legal Foundation filed an amicus (friend-of-the-court) brief in the U.S. Court of Appeals for the 4th Circuit in support of a firm that is challenging the Army Corps of Engineers’ jurisdiction over a remote wetland. The case concerned whether the Corps has jurisdiction over wetlands which were only connected to navigable waters through a series of ditches. The Corps claimed that drainage ditches on the property of Newdunn Associates LLP, a firm building on a parcel in Norfolk, were “waters of the United States” and, therefore, within the Corps’ jurisdiction. The Corps sued Newdunn Associates when it began building without a federal wetlands permit. The Corps lost in district court and appealed the case. 

Status: Decided. Amicus brief filed in support of Newdunn Associates on Oct. 9, 2002. Fourth Circuit reinstated civil penalties against Newdunn Associates on Sept. 10, 2003.

blog comments powered by Disqus

Subscribe For Free News And Tips

Enter your email to get FREE small business insights. Learn more

Get to know NFIB

NFIB is America's leading small business association, promoting and protecting the right of our members to own, operate and grow their business

Find out more about
NFIB Membership

Or call us today