ELR Citation: ELR 20023
No(s). 82-533- (E.D. Va. Sep 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 la...