Whether a state can enforce a U.S. Army Corps of Engineers permit to fill isolated intrastate wetlands

QUESTIONS PRESENTED FOR REVIEW 1. Whether a state, which lacked stand-alone jurisdiction under the Clean Water Act, 33 U.S.C. 1344(g), at the time 0.014 of an acre was overfilled, can enforce a United States Army Corps of Engineers permit issued in April 2000 to fill isolated intrastate wetlands originating from a nonpoint source, or, does such enforcement violate the Sixth Amendment’s Supremacy Clause and the Clean Water Act. 2. Whether the failure to give the property owner who filled the property, notice and an opportunity to be heard on the state’s claim of overfill, violates the Fourteenth Amendment’s Due Process Clause.