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TABB LAKES, LTD. v. U.S.

Civ. A. No. 87-635-N.

715 F.Supp. 726 (1988)

TABB LAKES, LTD., a Virginia corporation, Plaintiff, v. UNITED STATES of America; Lee M. Thomas, Administrator, United States Environmental Protection Agency, Region III; Honorable John O. Marsh, Jr., Secretary of the Army; Lt. General E. R. Heiberg, III, Chief, Army Corps of Engineers: Brigadier General Charles E. Williams, North Atlantic Division Engineer; Col. J.J. Thomas, Norfolk District Engineer, U.S. Army Corps of Engineers, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

November 7, 1988.

Attorney(s) appearing for the Case

Richard R. Nageotte, Douglas R. Hansen, Nageotte and Borinsky, P.C., Woodbridge, Va., for plaintiff.

Michael D. Rowe, U.S. Dept. of Justice, Land and Natural Resources Div., Environmental Defense Section, Washington, D.C., Cynthia R. Martin, Atty. Advisor, U.S. Army Corps of Engineers, Norfolk, Va., Bruce E. Byrd, Asst. Regional Counsel, U.S. Environmental Protection Agency, Region III, Philadelphia, Pa., John F. Kane, Asst. U.S. Atty., Walter E. Hoffman, Norfolk, Va., for defendants.

MEMORANDUM OPINION

MacKENZIE, Senior District Judge.

This matter is before the Court on the plaintiff's and defendants' cross Motions for Summary Judgment. The issue is whether the Army Corps of Engineers (Corps) has jurisdiction to require a permit in this case.

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Originally plaintiff, Tabb Lakes, Ltd. (Tabb Lakes), sought a permit under section 404 of the Clean Water Act (CWA), in October, 1986, requesting permission to fill...

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