BERSANI v. DELAND

Civ. A. No. 86-0622-Z.

640 F.Supp. 716 (1986)

John A. BERSANI and Daniel Lugosch, General Partners of Newport Galleria Group, An Affiliate of the Pyramid Companies, Plaintiffs, v. Michael R. DELAND, Regional Administrator, Region I, United States Protection Agency, Defendant, v. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Intervenors.

United States District Court, D. Mass.

July 2, 1986.


Attorney(s) appearing for the Case

Michael S. Gardener, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, Mass., for plaintiffs.

Richard Welch, Asst. U.S. Atty., Boston, Mass., for intervenors, Peter Shelly, Conservation Law Foundation of New England, Inc.


MEMORANDUM OF DECISION

ZOBEL, District Judge.

Plaintiffs are developers who seek to erect a shopping center on the site of "Sweedens Swamp," a wetland area in Attleboro, Massachusetts. In accordance with the requirements of § 404 of the Federal Water Pollution Control Act ("Clean Water Act" or "the Act"), 33 U.S.C.A. § 1344 (West 1986), plaintiffs applied to the United States Army Engineer Corps ("Corps") for a permit to develop the wetland. After...

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