![]() ![]() Pertinent regulations of the Army Corps of Engineers, 33 C.F.R. ![]() 1251 et seq., are reprinted at Add., infra, 1a-5a. Pertinent provisions of the Clean Water Act (CWA), 33 U.S.C. The jurisdiction of this Court rests on 28 U.S.C. The petition for a writ of certiorari was filed on February 22, 2002, and granted on June 10, 2002. A petition for rehearing was denied on Novem(Pet. The judgment of the court of appeals was entered on August 15, 2001. ![]() 28-56) and its findings of fact and conclusions of law (Pet. The district court's amended order on cross-motions for summary judgment (Pet. The opinion of the court of appeals (Pet. Whether each violation of the Clean Water Act should be counted in determining the maximum civil penalty if several violations occurred on a single day. Whether petitioners' deep ripping qualified for the conditional exemption from regulation under Section 404(f).ģ. Whether petitioners' deep ripping resulted in discharges of pollutants subject to regulation under Section 404.Ģ. In the process, petitioners filled two acres of wetlands, which were indisputably waters of the United States, with dirt, rock, sand, and biological matter. ![]() In this case, petitioners engaged in "deep ripping," which involves using bulldozers to pull long metal shanks through the ground, to convert grazing lands into lands suitable for cultivating deep-rooted crops. Section 404(f) exempts from regulation the discharge of dredged or fill material from "normal farming, silviculture, and ranching activities," but excepts from that exemption any discharge that is "incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced." 33 U.S.C. Section 404 of the Federal Water Pollution Control Act (Clean Water Act) regulates the discharge of dredged or fill material into waters of the United States. UNITED STATES ARMY CORPS OF ENGINEERS AND In the Supreme Court of the United States ![]()
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