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DEERFIELD PLANTATION v. ARMY CORPS OF ENGINEERS

Civil Action No. 4:09-cv-01023-RBH.

801 F.Supp.2d 446 (2011)

DEERFIELD PLANTATION PHASE II-B PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, Charleston District; Lt. General Robert L. Van Antwerp, in his official capacity as Chief of Engineers, U.S. Army Corps of Engineers; Lt. Colonel Trey Jordan, in his official capacity as District Engineer, U.S. Army Corps of Engineers, Charleston District; United States Environmental Protection Agency; Lisa P. Jackson, in her official capacity as Administrator of the U.S. Environmental Protection Agency; A. Stanley Meiburg, in his official capacity as Acting Regional Administrator, Region IV, U.S. Environmental Protection Agency; Deertrack Golf, Inc., Defendants.

United States District Court, D. South Carolina, Florence Division.

July 12, 2011.

Attorney(s) appearing for the Case

Amy Elizabeth Armstrong, SC Environmental Law Project, Pawleys Island, SC, James Stuart Chandler, Jr., Michael G. Corley, Simmons Law Firm, Columbia, SC, for Plaintiff.

Adam J. Katz, U.S. Department of Justice Environmental Defense Section, Washington, DC, Raymond Emery Clark, U.S. Attorneys Office, Columbia, SC, Mary Duncan Shahid, McNair Law Firm, Charleston, SC, Richard Michael Smith, McNair Law Firm, Georgetown, SC, for Defendants.

ORDER

R. BRYAN HARWELL, District Judge.

This case involves Deerfield Plantation Phase II-B Property Owners Association, Inc.'s ("Deerfield") challenge to a determination by the United States Army Corps of Engineers ("Corps") that it has jurisdiction and regulatory authority, under the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., over only 0.37 acres (920.07 linear feet) of waters on property...

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