Barnacle Marine Management Inc. v. Vulcan Materials Co.’s Empirical Analysis

Citation profile

7 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of section 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment[.]”

   2 later decisions quote this exact passage · from the majority
   e.g. 349 F. Supp. 2d 84 - United States v. Rafael · 861 F. Supp. 2d 1208 - United States v. The Tug Sundial

2. “§ 408. Taking possession of, use of, or injury to harbor or river improvements It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work.”

   1 later decision quote this exact passage · from the majority
   e.g. 54 F. Supp. 3d 1290 - United States v. Carnival Corp.

3. “[Wyandotte ] observed that § 409 created a duty on the owner of the sunken vessel to remove it. This duty triggered the right of the United States to a declaratory judgment directing the vessel owner to remove the wreck.... [Section] 408 does not give the United States the right to a declaratory order requiring the person responsible for damaging or impairing a public work to repair the work, Wyandotte’s reasons for implying an in personam remedy under § 409 [thus] do not apply in [a] § 408 case[, which] ... is consistent with a number of recent Supreme Court decisions holding that we should be reluctant to imply a remedy broader than Congress expressly provided.”

   1 later decision quote this exact passage · from the majority
   e.g. 861 F. Supp. 2d 1208 - United States v. The Tug Sundial