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Lachney v. United States

Citation: 13 ELR 20629
No. No. 544-82L, 2 Cl. Ct. 244/19 ERC 1198/(Ct. Cl., 04/11/1983)

The court denies the United States' motion to dismiss claims that delays in processing plaintiff's application for a dredge and fill permit under § 404 of the Federal Water Pollution Control Act constituted an unconstitutional taking. After a lengthy dispute between the Environmental Protection Agency, the Fish and Wildlife Service, and the Army Corps of Engineers concerning whether plaintiff's land was a wetland and therefore subject to the Corps' jurisdiction, the Corps issued a permit to plaintiff. Plaintiff argues that the land is not a wetland; the delay in making a decision on the permit amounted to a taking; and the delay violates the § 404 requirement that permits be issued within 90 days where possible. The court rules that the factual issues raised by plaintiff are sufficient to preclude dismissal.

Counsel for Plaintiff
Dee D. Drell
Gold, Little, Simon, Weems & Bruser
P.O. Box 6118, Alexandria LA 71301
(318) 445-6471

Counsel for Defendant
Nancy S. Bryson, Robert D. Daniel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2219