Save our Sonoran, Inc. v. Flowers: navigable waters and small handles in the dry, dry desert.

From: Environmental Law | Date: June 22, 2005| Author: Howard, Gordon H. | Copyright information

A square-mile block of the Sonoran Desert on the fringe of the Phoenix Metropolitan Area seems an unlikely place to apply the section 404 dredge and fill provisions of the Clean Water Act (CWA). While the United States Army Corps of Engineers (Corps) asserted jurisdiction over a proposed dredge and fill associated with a suburban development proposal, it limited the scope of its analysis to the actual desert washes on the site. In a surprising decision, the Ninth Circuit discounted both the...

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