Borden Ranch P'ship v. Army Corps of Engineers, 537 U.S. 99 (2002). · Go Syfert
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Borden Ranch P'ship v. Army Corps of Engineers, 537 U.S. 99 (2002). Cases Citing This Book View Copy Cite
“courts have consistently held that dump trucks and 7 bulldozers, such as those used for depositing and spreading fill . . . , qualify as 'point sources.”
54 citation events (54 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Sweeney (caed, 2020-09-01)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Sweeney
E.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
courts have consistently held that dump trucks and 7 bulldozers, such as those used for depositing and spreading fill . . . , qualify as 'point sources.
examined Cited "see" United States v. Moses (3×)
9th Cir. · 2007 · signal: see · confidence high
See Borden Ranch P’ship v. U.S. Army Corps of Eng’rs, 261 F.3d 810 , 814 (9th Cir.2001), aff'd, 537 U.S. 99 , 123 S.Ct. 599 , 154 L.Ed.2d 508 (2002) (affirmance by an equally divided Court); Rybachek v. U.S. Envtl.
examined Cited "see" United States v. Moses (3×)
9th Cir. · 2007 · signal: see · confidence high
See Borden Ranch P’ship v. U.S. Army Corps of Eng’rs, 261 F.3d 810 , 814 (9th Cir. 2001), aff’d, 537 U.S. 99 , 123 S. Ct. 599 , 154 L.
discussed Cited "see" Center for Biological Diversity v. Marina Point Development Associates (2×)
C.D. Cal. · 2006 · signal: see · confidence high
See Borden Ranch P’ship v. U.S. Army Corps of Eng’rs, 261 F.3d 810 , 814-15 (9th Cir. 2001), aff'd, 537 U.S. 99 , 123 S.Ct. 599 , 154 *798 L.Ed.2d 508 (2002).
examined Cited "see" Greenfield Mills Inc v. Macklin, Larry (3×)
7th Cir. · 2004 · signal: see · confidence high
See Borden Ranch P’ship v. United States Army Corps of Eng’rs, 261 F.3d 810 , 815 (9lh Cir.2001) (reciting language of § 1344(f)(2) and stating that "[c]onverting ranch land to orchards and vineyards is clearly bringing the land 'into a use to which it was not previously subject,' and there is a clear basis in this record to conclude that the destruction of the soil layer at issue here constitutes an impairment of the flow of nearby navigable waters” (emphasis added)), aff'd, 537 U.S. 99 , 123 S.Ct. 599 , 154 L.Ed.2d 508 (2002); United States v. Brace, 41 F.3d 117, 129 (3d Cir.1994) (ho…
discussed Cited "see, e.g." United States v. Multistar Industries, Inc.
9th Cir. · 2024 · signal: see also · confidence low
See also Borden Ranch 5 23-3765 Partnership v. U.S. Army Corps of Engineers, 261 F.3d 810 , 817 (9th Cir. 2001), aff’d, 537 U.S. 99 (2002) (construing similar language as requiring a per-violation, not per-day, calculation).
discussed Cited "see, e.g." Idaho Conservation League v. Shannon Poe
9th Cir. · 2023 · signal: see also · confidence low
See id. (“[W]e will not strike down the EPA’s finding that placer mining discharges pollutants within the meaning of the Act.”); see also Borden Ranch P’ship v. U.S. Army Corps of Engineers, 261 F.3d 810 , 814 (9th Cir. 2001) (reaffirming Rybachek, which “held that removing material from a stream bed, sifting out the gold, and returning the material to the stream bed was an ‘addition’ of a pollutant’”), aff’d, 537 U.S. 99 (2002).
discussed Cited "see, e.g." United States v. Bayley
W.D. Wash. · 2023 · signal: see, e.g. · confidence low
See, e.g., Borden Ranch P'ship v. U.S. Army Corps of 6 Engineers, 261 F.3d 810 , 815 (9th Cir. 2001), aff'd, 537 U.S. 99 , (2002) (holding bulldozers and 7 tractors qualify as point sources under the CWA).
cited Cited "see, e.g." McGuiness v. Department of Correction
Mass. · 2013 · signal: see, e.g. · confidence low
See, e.g., Borden Ranch Partnership v. United States Army Corps ofEng’rs, 537 U.S. 99 (2002) (per curiam); Serino v. Commonwealth, 397 Mass. 1051 (1986).
Retrieving the full opinion text from the archive…
BORDEN RANCH PARTNERSHIP ET AL.
v.
UNITED STATES ARMY CORPS OF ENGINEERS ET AL.
01-1243.
Supreme Court of the United States.
Dec 16, 2002.
537 U.S. 99
Per Curiam.
Cited by 13 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: E.D. California (1)
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

Timothy S. Bishop argued the cause for petitioners. With him on the briefs were Arthur F. Coon, Kyriakos Tsakopoulos, and Edmund L. Regalia.

Jeffrey P. Minear argued the cause for respondents. With him on the brief were Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Wallace, David C. Shilton, and Sylvia Quast.[*]

[*100] PER CURIAM.

The judgment is affirmed by an equally divided Court.

JUSTICE KENNEDY took no part in the consideration or decision of this case.

[*] Briefs of amici curiae urging reversal were filed for the State of Alabama et al. by William H. Pryor, Jr., Attorney General of Alabama, Nathan A. Forrester, Solicitor General, and Alyce S. Robertson, Deputy Solicitor General, and by the Attorneys General for their respective States as follows: Bruce M. Botelho of Alaska, James E. Ryan of Illinois, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Don Stenberg of Nebraska, Betty D. Montgomery of Ohio, D. Michael Fisher of Pennsylvania, John Cornyn of Texas, and Jerry W. Kilgore of Virginia; for the American Farm Bureau Federation et al. by John J. Rademacher; for the American Forest & Paper Association by Steven P. Quarles, J. Michael Klise, Ellen B. Steen, and William R. Murray; for the California Farm Bureau Federation et al. by Robin L. Rivett and M. Reed Hopper; for the National Association of Home Builders by Virginia S. Albrecht, Andrew J. Turner, Duane J. Desiderio, and Thomas Jon Ward; for the National Stone, Sand and Gravel Association et al. by Lawrence R. Liebesman; and for Save Our Shoreline by Nancie G. Marzulla, Roger J. Marzulla, Brenda D. Colella, and David L. Powers.

Briefs of amici curiae urging affirmance were filed for the State of New Jersey et al. by David Samson, Attorney General of New Jersey, and Patrick DeAlmeida and Rachel J. Horowitz, Deputy Attorneys General, and by the Attorneys General for their respective States as follows: Earl I. Anzai of Hawaii and Darrell V. McGraw, Jr., of West Virginia; for the Association of State Wetlands Managers by Patrick A. Parenteau; for the National Wildlife Federation et al. by Howard I. Fox; and for Dr. Joy Zedler et al. by John D. Echeverria.