Scribd Logo
Upload

Welcome to Scribd!

  • Clean Water Act and David H Donovan HTTP://WWW - Talkshoe.com/talkshoe/web/talkcast - Jsp?masterid 99043&cmd TC

    Uploaded by

    Truth Press Media
    27 views1 page
    U.S. v Donovan Case No. 10-4295 (C.A. 3, Jul. 12, 2011) David H. Donovan added fill material to a portion of his property in New Castle County, Delaware that the United States contends is “wetlands” subject to the Clean Water Act (“CWA” or “Act”). The Government brought an enforcement proceeding against him under the Act to force him to remove the fill and pay a fine. Donovan argued that his property is not covered by the CWA. However, the District Court disagreed, granting summary judgment in the Government’s favor and imposing a $250,000 fine. In this appeal, we are called upon to decide what test to apply in order to determine whether land is “wetlands” subject to the CWA after the Supreme Court’s ruling in Rapanos v. United States, 547 U.S. 715 (2006). We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is “wetlands” subject to the CWA if it meets either of the tests laid out in Rapanos. We hold, further, that summary judgment was properly granted and will affirm. I. Background A. Facts and Procedural Posture Donovan has owned a four-acre parcel of land bordering Route 13 near Smyrna in New Castle County, Delaware since September 29, 1982. The land is situated within the watershed of the Sawmill Branch, which flows into the Smyrna River, and then into the Delaware Estuary and on to the Delaware Bay. The Sawmill Branch becomes tidal approximately 2.5 miles from Donovan’s property. In August 1987, the land was inspected by the United States Army Corps of Engineers (“Corps”). Following this inspection, the Corps categorized the property as wetlands, concluded that approximately ¾ of an acre had been recently filled by Donovan, and warned Donovan that federal law required him to obtain a permit should he wish to fill more than one acre of his property. In early 1993, the Corps again inspected Donovan’s land and found that he had continued to fill his property without a permit. In July 1993, the Corps sent a cease-and-desist notice to Donovan, ordering him to remove 0.771 acres of fill material, or to submit a pre-discharge notification. Donovan rebuffed this initial notice and the similar notices that followed. Donovan’s emphatic response to the notices was that the Corps had no right to regulate the use of his land.

    Original Title

    Clean Water Act and David H Donovan http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=99043&cmd=tc

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    TXT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    U.S. v Donovan Case No. 10-4295 (C.A. 3, Jul. 12, 2011) David H. Donovan added fill material to a portion of his property in New Castle County, Delaware that the United States contends is “wetlands” subject to the Clean Water Act (“CWA” or “Act”). The Government brought an enforcement proceeding against him under the Act to force him to remove the fill and pay a fine. Donovan argued that his property is not covered by the CWA. However, the District Court disagreed, granting summary judgment in the Government’s favor and imposing a $250,000 fine. In this appeal, we are called upon to decide what test to apply in order to determine whether land is “wetlands” subject to the CWA after the Supreme Court’s ruling in Rapanos v. United States, 547 U.S. 715 (2006). We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is “wetlands” subject to the CWA if it meets either of the tests laid out in Rapanos. We hold, further, that summary judgment was properly granted and will affirm. I. Background A. Facts and Procedural Posture Donovan has owned a four-acre parcel of land bordering Route 13 near Smyrna in New Castle County, Delaware since September 29, 1982. The land is situated within the watershed of the Sawmill Branch, which flows into the Smyrna River, and then into the Delaware Estuary and on to the Delaware Bay. The Sawmill Branch becomes tidal approximately 2.5 miles from Donovan’s property. In August 1987, the land was inspected by the United States Army Corps of Engineers (“Corps”). Following this inspection, the Corps categorized the property as wetlands, concluded that approximately ¾ of an acre had been recently filled by Donovan, and warned Donovan that federal law required him to obtain a permit should he wish to fill more than one acre of his property. In early 1993, the Corps again inspected Donovan’s land and found that he had continued to fill his property without a permit. In July 1993, the Corps sent a cease-and-desist notice to Donovan, ordering him to remove 0.771 acres of fill material, or to submit a pre-discharge notification. Donovan rebuffed this initial notice and the similar notices that followed. Donovan’s emphatic response to the notices was that the Corps had no right to regulate the use of his land.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    27 views1 page

    Clean Water Act and David H Donovan HTTP://WWW - Talkshoe.com/talkshoe/web/talkcast - Jsp?masterid 99043&cmd TC

    Uploaded by

    Truth Press Media
    U.S. v Donovan Case No. 10-4295 (C.A. 3, Jul. 12, 2011) David H. Donovan added fill material to a portion of his property in New Castle County, Delaware that the United States contends is “wetlands” subject to the Clean Water Act (“CWA” or “Act”). The Government brought an enforcement proceeding against him under the Act to force him to remove the fill and pay a fine. Donovan argued that his property is not covered by the CWA. However, the District Court disagreed, granting summary judgment in the Government’s favor and imposing a $250,000 fine. In this appeal, we are called upon to decide what test to apply in order to determine whether land is “wetlands” subject to the CWA after the Supreme Court’s ruling in Rapanos v. United States, 547 U.S. 715 (2006). We join the Courts of Appeals for the First and Eighth Circuits in holding, as the District Court here did, that property is “wetlands” subject to the CWA if it meets either of the tests laid out in Rapanos. We hold, further, that summary judgment was properly granted and will affirm. I. Background A. Facts and Procedural Posture Donovan has owned a four-acre parcel of land bordering Route 13 near Smyrna in New Castle County, Delaware since September 29, 1982. The land is situated within the watershed of the Sawmill Branch, which flows into the Smyrna River, and then into the Delaware Estuary and on to the Delaware Bay. The Sawmill Branch becomes tidal approximately 2.5 miles from Donovan’s property. In August 1987, the land was inspected by the United States Army Corps of Engineers (“Corps”). Following this inspection, the Corps categorized the property as wetlands, concluded that approximately ¾ of an acre had been recently filled by Donovan, and warned Donovan that federal law required him to obtain a permit should he wish to fill more than one acre of his property. In early 1993, the Corps again inspected Donovan’s land and found that he had continued to fill his property without a permit. In July 1993, the Corps sent a cease-and-desist notice to Donovan, ordering him to remove 0.771 acres of fill material, or to submit a pre-discharge notification. Donovan rebuffed this initial notice and the similar notices that followed. Donovan’s emphatic response to the notices was that the Corps had no right to regulate the use of his land.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    http://recordings.talkshoe.com/TC-99043/TS-617550.mp3 [PDF] PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE ... www.ca3.uscourts.gov/opinarch/104295p.

    pdf File Format: PDF/Adobe Acrobat - Quick View Oct 31, 2011 David H. Donovan added fill material to a portion of his property i n ... States contends is wetlands subject to the Clean Water Act. (CWA or ... Judicial View > -United States of America v. David H. Donovan www.judicialview.com/index.php?m_menu=10&post=43099 Jul 12, 2011 David H. Donovan added fill material to a portion of his property i n ... States contends is wetlands subject to the Clean Water Act (CWA or ... : Clean Water Act : Real Property & Environmental Law Alert www.rpelawalert.com/tags/clean-water-act/ Unanimous Supreme Court Allows Pre-Enforcement Review of Clean Water Act Complia nce Orders .... Posted on November 7, 2011 by John H. Klock ... summary judgment against Delaware landowner David Donovan, who had been fined ... Third Circuit Weighs in on Clean Water Act Jurisdiction Under ... www.martenlaw.com/newsletter/20111206-clean-water-act-jurisdiction Dec 6, 2011 Rapanos is the 4:1:4 decision from 2006 famous in Clean Water Act .. . on David Donovan's property in Delaware constituted wetlands subject ... Rapanos for Dummies: 3rd Circuit Clears Up Confusion About ... www.jdsupra.com/post/documentViewer.aspx?fid=8afbd1f1-bd7c... Nov 17, 2011 ... Clears Up Confusion About Scope of the Corps' Clean Water Act J urisdiction ... Donovan, we now have a straightforward and well reasoned ... U.S.A. v. Donovan - Document 146 - Justia law.justia.com/cases/federal/district-courts/delaware/dedce/1.../146 Re: 137 MOTION for Judgment on the Pleadings filed by David H. Donovan be ... ag ainst Davis H. Donovan ("Donovan") to enforce the Clean Water Act. The ... Recent Notices www.home.earthlink.net/~cascinoengineer/id30.html ... Circuit, in the case of the United States of America versus David H. Donovan , ... subject to the Clean Water Act after the Supreme Court's ruling in Rapanos v. Rapanos decision applied to appealed case - American Water ... www.awwa.org/publications/StreamlinesArticle.cfm?itemnumber... Nov 15, 2011 On Halloween of this year, David H. Donovan was not greeted with a treat. ... of his property that contained wetlands under the Clean Water Act. Free Form - Motion for Summary Judgment - District Court of ... findforms.com/.../Motion_for_Summary_Judgment_District_Court_... COMES NOW, David H. Donovan in his private capacity and respectfully ... within the Clean Water Act definitions of navigable waters of the United States.

    You might also like