United States v. Sabine Shell, Inc.
Citation: 12 ELR 20859
No. No. 81-3368, 674 F.2d 480/17 ERC 1671/(5th Cir., 04/30/1982) Aff'd
The court rules that appellants have no right to an evidentiary hearing to challenge a wetlands restoration plan imposed by the Army Corps of Engineers under the terms of a consent decree between appellants and the Corps. After the Corps' denial of a dredge and fill permit was upheld, 12 ELR 20860, appellants challenged the restoration plan. The court rejects appellants contention that the current owners of the property are indispensable parties. The court also rules that appellants have waived their right to a hearing because the court is not imposing a plan on them but is requiring them to comply with a plan that they agreed, in a consent decree, to accept. In addition, the court rules that the Corps was not arbitrary and capricious in devising the plan.
Counsel for Appellants
Karl E. Boellert
Camp, Carmouche, Palmer, Barsh & Hunter
P.O. Drawer 2001, Lake Charles LA 70602
Counsel for Appellee
Francis O. Allen, Ass't U.S. Attorney
3B12 Fed. Bldg., Shreveport LA 71101
Before RUBIN, SAM D. JOHNSON and GARWOOD, Circuit Judges.