Brief Fact Summary
Section 404(a) of the Clean Water Act (CWA), regulates the discharge of dredged or fill material into "navigable waters." The U.S. Army Corps of Engineers, has interpreted section 404(a) to confer federal authority over an abandoned sand and gravel pit in northern Illinois which provides a habitat for migratory birds. The question is whether section 404(a) may be fairly extended to these waters, and, if so, whether Congress could exercise such authority consistent with the Commerce Clause.

Rule of Law and Holding
Title 33 CFR section 328.3(a)(3), as clarified and applied to petitioner's site pursuant to the Migratory Bird Rule, exceeds the authority granted to respondents under section 404(a) of the CWA.

Topics
The Federal Legislative Power

Subtopics
The Commerce Power

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