Jump to Navigation
Jump to Content

Riverside Irrigation Dist. v. Stipo

Citation: 12 ELR 20243
No. Nos. 80-2142 et al., 658 F.2d 762/16 ERC 1953/(10th Cir., 09/02/1981)

The court upholds the district court's ruling that the Army Corps of Engineers' denial of a temporary general dredge and fill permit is a final agency action. The Corps' regulations provide for automatic general permits, issued on a state, regional, or nationwide basis, for certain categories of activities which cause only minimal environmental effects.The Corps found that appellees did not qualify for a general permit unless they complied with certain conditions. In the alternative they could apply for an individual permit. The court holds that appellees were entitled to judicial review of the Corps' decision without first filing an application for an individual dredge and fill permit. The Corps' decision prevented them from proceeding with construction, causing continuing injury that was neither speculative nor remote. Appellees need not risk severe penalties by commencing construction without a permit in order to obtain a court test of the Corps' decision. The court affirms the district court's denial of the Corps' motion to dismiss it as a defendant for lack of jurisdiction.

Counsel for Appellants
Anne S. Almy, Jacques B. Gelin; Angus C. Macbeth, Acting Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4427

Richard A. Jost, Ass't U.S. Attorney; Joseph Dolan, U.S. Attorney
C-330 U.S. Cthse., Drawer 3516, Denver CO 80294
(303) 837-2081

Robert J. Golten, Sr. Counsel
Nat'l Wildlife Fed'n Natural %resource Clinic
Campus Box 401, U. of Colorado Law School, Boulder CO 80309
(303) 492-6552

Counsel for Appellees
James R. McCotter, Timothy J. Flanagan, Bryant O'Donnell
Kelly, Stansfield & O'Donnell
900 Public Serv. Co. Bldg., 550 15th St., Denver CO 80202
(303) 825-3534

Gregory J. Hobbs Jr., John M. Sayre, David L. Hiller
Davis, Graham & Stubbs
P.O. Box 185, Denver CO 80201
(303) 892-9400

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.