Bottomland Hardwood Wetlands-Fifth Circuit Offers Protection at Last

In Avoyelles Sportsmen’s League v. Marsh, the fifth Circuit Court of Appeals ruled that private landowners must obtain a permit under Section 404 of the Clean Water Act before engaging in mechanized land clearing activities on forested wetlands in Louisiana, Environmental Defense Fund attorney James T.B. Tripp represented the plaintiffs in the trial court and argued the case on appeal before the Fifth Circuit.