Monday, August 4, 2014
Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers
Belle Company, L.L.C., et al v. U.S. Army Corps of Engineers - 7/30/14. In the U.S. Court of Appeals, Firth Circuit, Case No. 13-30262. Plaintiff owns property and Plaintiff-Appellant Kent Recycling, L.L.C. has an option to purchase the property in the event that it can be used as a solid-waste landfill. In February 2012, U.S. Army Corps of Engineers issued a jurisdictional determination ("JD") stating that the property contains wetlands that are subject to regulation under the Clean Water Act. Belle and Kent sued, alleging that the JD is unlawful and should be set aside. The district court dismissed the suit for lack of subject matter urisdiction, concluding that the JD is not "final agency action" and therefore is not reviewable under the Administrative Procedure Act. The Panel affirmed.
Posted by JPMcJ at 12:01 PM