33 CFR 329.4 - General definition
| Cite as | 33 CFR 329.4 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
47 practice notes
-
573 F.Supp. 283 (E.D.La. 1983), Civ. A. 81-263, Buttrey v. United States
...(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody. 33 C.F.R. §§ 329.4, 329.5 The Corps claims navigability in fact of the Morgan River because Buttrey transported two Corps representatives from the Magnolia ......
-
875 F.2d 453 (5th Cir. 1989), 87-3854, Vieux Carre Property Owners, Residents & Associates, Inc. v. Brown
...are permitted instead by 33 C.F.R. Sec. 330 as nationwide permits. "Navigable waters of the United States" is defined in 33 C.F.R. Sec. 329. Section 322.3(a) provides that structures and work must be permitted if they are in such waters, or "affect the course, location, or co......
-
466 N.E.2d 1064 (Ill.App. 1 Dist. 1984), 83-209, Bofman v. Material Service Corp.
...they are subject to tidal fluctuations or have been, are, or in the future could be used for interstate transport or foreign commerce. (33 C.F.R. § 329.4 (1978); Kaiser Aetna v. United States (1979), 444 U.S. 164, 171, n. 6, 100 S.Ct. 383, 388, n. 6, 62 L.Ed.2d 332.) Inland waters not subje......
-
Additions and Discharges
...flow of the tide, or waters that are used, have been used, or may be susceptible for use to transport interstate or foreign commerce. 33 C.F.R. § 329.4; see also id. § 328.1 (noting difference between geographic jurisdiction under the two statutes). There may be an incongruity in Congress's......
Request a trial to view additional results
42 cases
-
573 F.Supp. 283 (E.D.La. 1983), Civ. A. 81-263, Buttrey v. United States
...(b) Physical capabilities for use by commerce as in paragraph (a) of this section; and (c) Defined geographic limits of the waterbody. 33 C.F.R. §§ 329.4, 329.5 The Corps claims navigability in fact of the Morgan River because Buttrey transported two Corps representatives from the Magnolia ......
-
875 F.2d 453 (5th Cir. 1989), 87-3854, Vieux Carre Property Owners, Residents & Associates, Inc. v. Brown
...are permitted instead by 33 C.F.R. Sec. 330 as nationwide permits. "Navigable waters of the United States" is defined in 33 C.F.R. Sec. 329. Section 322.3(a) provides that structures and work must be permitted if they are in such waters, or "affect the course, location, or co......
-
466 N.E.2d 1064 (Ill.App. 1 Dist. 1984), 83-209, Bofman v. Material Service Corp.
...they are subject to tidal fluctuations or have been, are, or in the future could be used for interstate transport or foreign commerce. (33 C.F.R. § 329.4 (1978); Kaiser Aetna v. United States (1979), 444 U.S. 164, 171, n. 6, 100 S.Ct. 383, 388, n. 6, 62 L.Ed.2d 332.) Inland waters not subje......
-
700 F.Supp. 476 (N.D.Cal. 1988), C-85-8615, Leslie Salt Co. v. United States
...water of the United States." A general definition of the term "navigable waters of the United States" is set forth in 33 C.F.R. § 329.4. And the extent of Corps' jurisdiction under the Act and the regulation has been interpreted in Leslie Salt Co. v. Froehlke, 578 F.2d 742 (9......
Request a trial to view additional results
2 books & journal articles
-
Regulation of Wetlands and Waters of the United States
...and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.” 33 C.F.R. § 329.4 . As a result, very few wetlands were or are regulated as “navigable waters” under the Rivers and Harbors Act. B. The Clean Water Act When ......
-
Additions and Discharges
...flow of the tide, or waters that are used, have been used, or may be susceptible for use to transport interstate or foreign commerce. 33 C.F.R. § 329.4; see also id. § 328.1 (noting difference between geographic jurisdiction under the two statutes). There may be an incongruity in Congress's......