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Sabine Shell, Inc. v. Alexander

Citation: 12 ELR 20860
No. No. 79-0227, (W.D. La., 05/28/1980) Motion to dismiss denied

The court rules that the Army Corps of Engineers' denial of a dredge and fill permit for land adjacent to Sabine Lake, Louisiana was not arbitrary and capricious, but dismisses challenges to a required restoration plan for failure to exhaust administrative remedies. The court rules that the Corps has jurisdiction because the dredging, although on private land, is located in navigable waters waters and in a wetlands area. The court also finds that the Corps complied with its regulations in denying the permit and in providing proper notice to plaintiff. While the court finds unnecessary defendants' argument that judicial review is foreclosed because the parties previously entered into a consent judgment, it rules that there has been no final agency action giving rise to judicial review since the Corps has yet to approve an adequate restoration plan.

Counsel for Plaintiff
Karl E. Boellert
Camp, Carmouche, Palmer, Barsh & Hunter
P.O. Drawer 9001, Lake Charles LA 70602
(318) 433-0355

Counsel for Defendants
Frances O. Allen, Ass't U.S. Attorney
3d Floor, Fed. Bldg., 500 Fannin St., Shreveport LA 71101
(318) 226-5277