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RUSSO DEVELOPMENT CORP. v. THOMAS

Civ. No. 87-3916.

735 F.Supp. 631 (1989)

RUSSO DEVELOPMENT CORPORATION, Plaintiff, v. Lee M. THOMAS, Administrator of the United States Environmental Protection Agency, Christopher J. Daggett, Regional Administrator for Region II of the United States Environmental Protection Agency, John O. Marsh, Jr., Secretary of the Army, Lt. Gen. Elvin R. Heilberg, III, Chief of Engineers, Col. Marion L. Caldwell, Jr., District Engineer of the United States Army Corps of Engineers, New York District, Defendants.

United States District Court, D. New Jersey.

November 6, 1989.

Attorney(s) appearing for the Case

William J. Prout, Jr., Michael S. Miller, Tompkins, McGuire, & Wachenfeld, Newark, N.J.

David J. Bardin, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C.

James C. Woods, Asst. U.S. Atty., Newark, N.J.

OPINION

SAROKIN, District Judge.

In this action for declarative and injunctive relief from an Environmental Protection Agency ("EPA") veto of an after-the-fact permit granted to plaintiff by the U.S. Army Corps of Engineers ("Corps"), pursuant to Section 404(c) of the Clean Water Act ("CWA"), 33 U.S.C. Sec. 1344(c), defendants move for dismissal or, in the alternative, summary judgment. Plaintiff cross-moves for partial summary judgment.

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