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1902 Atl., Ltd. v. Hudson

ELR Citation: ELR 20023
Nos. No. 82-533-N, 574 F. Supp. 1381/19 ERC 1926/(E.D. Va., 09/28/1983)

The court rules that the Corps of Engineers' denial of a Federal Water Pollution Control Act §404 permit to fill a borrow pit was arbitrary and capricious and amounted to a taking of property without compensation. The pit in question is connected by a ditch to a tidal creek and contains subtidal lands, intertidal lands, and wetlands....

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