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Center for Biological Diversity v. Marina Point Dev. Co.

ELR Citation: 38 ELR 20200
Nos. Nos. 06-56193 et al., (9th Cir., 08/06/2008)

The Ninth Circuit reversed a lower court decision in favor of environmental groups on their Clean Water Act (CWA) and Endangered Species Act (ESA) claims against several developers working on a residential condominium project in the San Bernardino Mountains. The lower court determined that the developers had violated the CWA and had either violated or would violate the ESA. However, in light of the defects in the groups' notices to the developers, and in light of the fact that the U.S. Army Corps of Engineers and the developers did act to cease the activities that the groups claimed were wrongful and even acted to effect ongoing repairs for any problems caused by past activities, the district court did not have jurisdiction to hear the CWA action. In addition, the groups' ESA claims, which concerned the bald eagle, are now moot because the U.S. Fish and Wildlife Service has since delisted the species.