ELR Citation: ELR 20088
No(s). 84-5273 (3d Cir. Nov 5, 1984)

The court holds that the Corps of Engineers did not violate the consistency provision of the Coastal Zone Management Act (CMZA) in denying a Federal Water Pollution Control Act §404 fill permit, and that the Corps has jurisdiction over wetlands. Section 307(c)(1) of the CZMA does not prohibit Corps denial of the permit, despite the state's approval of the project.

[Note: The Third Circuit has not formally approved this opinion for publication.]

Counsel for Appellant
Kevin J. Coakley
Connell, Foley & Geiser
Gateway 1, Suite 1600, Newark, NJ 07102
(201) 643-2060

Counsel for Appellee
Vincent E. Gentile, U.S. Attorney
970 Broad St., Newark, NJ 07102
(201) 645-6429

Garth, J., before Sloviter and Lord,^* JJ.