Thursday, March 12, 2015

Precon Development Corporation v. US Army Corps of Engineers

<> Precon Development Corporation v. US Army Corps of Engineers - 3/10/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2499 (unpublished). In a thirteen-year battle between Precon Development Corporation and the U.S. Army Corps of Engineers about whether the Corps has jurisdiction under the Clean Water Act over Precon's Edinburgh development in Chesapeake, VA. 
     The Panel said, "This episode involves 4.8 acres of wetlands that Precon wants to fill to build ten homes. The Corps asserted jurisdiction over these wetlands and denied Precon's permit application.2 We previously remanded this case after concluding that the Corps had not provided sufficient evidence to support its jurisdiction. Finding that the Corps has now amassed adequate evidence, we affirm."

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