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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.

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