Date Filed: July 21, 2015
Original Court: U.S. District Court for the Northern District of Illinois
Appeals: U.S. Court of Appeals for the Seventh Circuit
Case Status: Victory
This case sought to ensure that the U.S. Army Corps of Engineers does not exceed its authority to regulate wetlands under the Clean Water Act. After subjecting the property owner to seven years of administrative proceedings, the Corps made a finding that certain Illinois farmland constituted wetlands subject to strict, expensive regulation under the Clean Water Act. The owner, who wishes to build residential housing on the land, sued in federal court in Chicago to vacate the finding because it was made in violation of the Corps’ own regulations exempting prior converted cropland from Clean Water Act jurisdiction. The issue is important to farmers and developers nationwide, because the Corps is aggressively asserting jurisdiction over dry-land farms and development sites throughout the nation—areas that Congress never intended to be regulated under the Clean Water Act. Following three additional years of litigation, the U.S. Court of Appeals for the Seventh Circuit ruled in favor of the property owner. The court’s opinion faults the Corps of Engineers for failing to show a nexus between the property and “waters of the United States.” Without that connection, the federal government has no jurisdiction to regulate the land.
Case Documents:
Plaintiff’s Motion for Summary Judgement
Response in Opposition to Motion for Summary Judgement
Opinion & Order Denying Motion for Summary Judgement