ELR Citation: ELR 21207
No(s). 243-83L (Cl. Ct. Jul 23, 1990)

The court rules that the Army Corps of Engineers' denial of a dredge and fill permit under §404 of the Federal Water Pollution Control Act (FWPCA) is an unconstitutional taking and warrants just compensation under the Fifth Amendment to the U.S. Constitution. The Corps denied a request from private...