Akers

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On July 21, 1986, the cross-motions of plaintiff United States of America and defendant Robert W. Akers for partial summary judgment came on regularly for hearing, the Honorable Raul A. Ramirez presiding. Assistant United States Attorney Karen L. Patterson appeared for the plaintiff. Lanny T. Winberry appeared for defendant Robert W. Akers. James S. Bur-ling and Fred A. Slimp, II, Pacific Legal Foundation, appeared on behalf of the defendant intervenors California Cattlemen’s Association, Agricultural Council of California, National Cattlemen’s Association, and California Farm Bureau Federation. Walter Cook appeared on behalf of the plaintiff intervenors, the National Audubon Society and the National Wildlife Federation.

The cross-motions present a single issue for resolution: whether the permit jurisdiction of the United States Army Corps of Engineers under Section 404 of the Clean Water Act, 33 U.S.C. § 1344 , extends to so-called “man-made” wetlands, or is limited to naturally occurring wetlands.

The pertinent background of the present motion can be…