This article deals with the jurisdiction of the United States Army Corps of Engineers to require permits under the Rivers and Harbors Act for dredge and fill activities. The author argues that the United States Court of Appeals for the Fifth Circuit reached the correct result via a new analytic approach, and in the process extended the corps'jurisdiction shoreward of the mean high tide line, to include all activities, without regard to location, which affect the course, condition, or capacity of navigable waters.
Donald A. Haagensen,
Section 10 of the Rivers and Harbors Act: Jurisdiction Shoreward of the Mean High Tide Line,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss3/8