Jump to Navigation
Jump to Content

Tabb Lakes, Ltd. v. United States

Citation: 19 ELR 20672
No. No. 87-635-N, 715 F. Supp. 726/(E.D. Va., 11/07/1988)

The court holds that the Corps of Engineers lacks jurisdiction to require a permit under § 404 of the Federal Water Pollution Control Act for development of an isolated wetland, because it failed to follow the Administrative Procedure Act's (APA's) notice and comment procedures for a memorandum that the Corps used as the basis for its asser...

You must be an ELR subscriber to view the full case summary.