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Smithwick v. Alexander

Citation: 12 ELR 20432
No. No. 81-1464, 673 F.2d 1317/17 ERC 2131/(4th Cir., 02/09/1982) Aff'd

The court affirms the district court's holding that the Army Corps of Engineers properly denied appellant's application for a permit under § 404 of the Federal Water Pollution Control Act to fill a wetland. The Corps' determination that appellant's land is a wetland and that the proposed development was not in the public interest or consistent with federal wetlands policy was based on a full record including evidence on both sides of the issue and was supported by the recommendations of three other federal agencies which reviewed the application. It was therefore not arbitrary, capricious, or an abuse of discretion.

Counsel for Appellant
Thomas J. Morgan
Hunoval, Fullwood & Morgan
206 Princess St., Wilmington NC 28401
(919) 762-5271

Counsel for Appellees
Thomas Lee Riesenberg
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4519

Abraham Penn Jones, Ass't U.S. Attorney
P.O. Box 26897, Raleigh NC 27611
(919) 755-4530

Before Haynsworth, Russell, and Hall, JJ.