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Tabb Lakes, Ltd. v. United States

ELR Citation: ELR 20672
Nos. 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 assertion o...

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