ELR Citation: ELR 21528
No(s). 88-0054 (D.N.J. Apr 14, 1992)

The court holds that the Army Corps of Engineers (the Corps) bears the burden of proving the existence of wetlands within the meaning of the Federal Water Pollution Control Act (FWPCA) by a preponderance of the evidence, and the issue of the reliability of the Corps' data collection is a material fa...