Jump to Navigation
Jump to Content

Cooper v. Wisdom

Citation: 8 ELR 20193
No. No. 77-4700-Civ.-JLK, 440 F. Supp. 1027/(S.D. Fla., 10/21/1977)

The court issues a permanent injunction against the construction of a boat ramp in Biscayne Bay under an invalid dredge and fill permit. The Corps of Engineers violated its own administrative procedures in issuing the permit by neither holding a public hearing pursuant to plaintiffs' request nor giving written reasons for denying the request. The permit is therefore invalid, and plaintiffs are clearly entitled to injunctive relief against further construction under the Federal Water Pollution Control Act and the Rivers and Harbors Act of 1899. Because the dredging and construction in this case are not covered by a valid permit, they represent an irreparable injury to plaintiffs and the public. Moreover, permanent injunctive relief is in the public interest because the public has a strong interest not only in the preservation of the marine ecology but in the proper functioning of the Corps of Engineers in granting such permits.

Counsel for Plaintiffs
E. W. Frank
1200 1st Federal Bldg., 1 SE 3rd Ave., Miami FL 33131
(305) 358-8900

Counsel for Defendants
Mary-Ella Johnson, Ass't U.S. Attorney
300 Ainsley Bldg., 14 NE 1st Ave., Miami FL 33132
(305) 350-4471