United States v. Riverside Bayview Homes

Secondary Discussion Question 3

Does the asterisk footnote on page 122–23 tell you anything about the politics of wetlands regulation?

This footnote lists the amicus briefs filed with the Court in this case.

At one level, the mere presence of amicus briefs tells you something: the case is important to someone besides those directly party to the dispute.

At a more specific level, one can examine the particular organizations or governments who filed amicus briefs.   (Individuals may also file amicus briefs, although it is atypical.)  Here, the Court divides those groups into three categories:

You can visit the Web sites of some of the entities filing amicus briefs.

One thing that this constellation of organizations presumably does is to confirm the stereotype that "pro-environmental" groups favor expanded federal regulation of wetlands, while groups that you think of as "pro-business" favor a narrower scope for federal regulation of dredge-and-fill permits.

The issue of what to infer from the position of state governments is a bit more complex and receives more treatment here.

Return to the Riverside Bayview Homes materials home page.

Return to the Re-Authorizing the Clean Water Act home page.

Return to the Environmental Drafting and Negotiating course's home page.

For corrections, comments, and questions, please e-mail John Setear.

This page was last updated on 03/10/99.