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Cumberland Farms of Conn., Inc. v. Marsh

Citation: 14 ELR 20591
No. No. 83-1653-Mc, 21 ERC 1287/(D. Mass., 05/25/1984)

The court holds that the Corps of Engineers' initial determination that plaintiff's activities fell within the Corps' regulatory jurisdiction under § 404 of the Federal Water Pollution Control Act is not reviewable until plaintiff exhausts its administrative remedies. In response to a letter from the Corps noting probable jurisdiction and apparent violation of § 404 by plaintiff, plaintiff sought a judicial determination that its activities fall within the agriculture and silviculture exemption of § 404, claiming that it should not have to go through the administrative application process. But the court rules that, in the interest of avoiding unnecessary judicial intervention, it must allow the Corps to determine whether it has jurisdiction, and the extent of such jurisdiction.

Counsel for Plaintiff
Allan van Gestel
Goodwin, Procter & Hoar
28 State St., Boston MA 02109
(617) 528-5700

Counsel for Defendants
Mark Fitzsimmons
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2285