opinion: BORDEN RANCH PARTNERSHIP et al. v. UNITED STATES ARMY CORPS OF ENGINEERS et al.
  No. 01-1243.
  Argued December 10, 2002
  Decided December 16, 2002
  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
  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. Echeverría.
  Per Curiam.
  The judgment is affirmed by an equally divided Court.
  Justice Kennedy took no part in the consideration or decision of this case.
choices: antitrust (except in the context of mergers and union antitrust) mergers bankruptcy (except in the context of priority of federal fiscal claims) sufficiency of evidence: typically in the context of a jury's determination of compensation for injury or death election of remedies: legal remedies available to injured persons or things liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action. liability, other than as in sufficiency of evidence, election of remedies, punitive damages liability, punitive damages Employee Retirement Income Security Act (cf. union trust funds) state or local government tax state and territorial land claims state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation) federal or state regulation of securities natural resources - environmental protection (cf. national supremacy: natural resources, national supremacy: pollution) corruption, governmental or governmental regulation of other than as in campaign spending zoning: constitutionality of such ordinances, or restrictions on owners' or lessors' use of real property arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration) federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts patents and copyrights: patent patents and copyrights: copyright patents and copyrights: trademark patents and copyrights: patentability of computer processes federal or state regulation of transportation regulation: railroad federal and some few state regulations of transportation regulation: boat federal and some few state regulation of transportation regulation:truck, or motor carrier federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline) federal and some few state regulation of transportation regulation: airline federal and some few state regulation of public utilities regulation: electric power federal and some few state regulation of public utilities regulation: nuclear power federal and some few state regulation of public utilities regulation: oil producer federal and some few state regulation of public utilities regulation: gas producer federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline) federal and some few state regulation of public utilities regulation: radio and television (cf. cable television) federal and some few state regulation of public utilities regulation: cable television (cf. radio and television) federal and some few state regulations of public utilities regulation: telephone or telegraph company miscellaneous economic regulation