NEW HANOVER TP. v. U.S. ARMY CORPS OF ENGINEERS

Civ. A. No. 91-2705.

796 F.Supp. 180 (1992)

NEW HANOVER TOWNSHIP, Paradise Watchdogs, and Beverly Ream v. UNITED STATES ARMY CORPS OF ENGINEERS.

United States District Court, E.D. Pennsylvania.

June 1, 1992.


Attorney(s) appearing for the Case

Mary Ann Rossi, Albert J. Slap, John E. Childe, Jr., Fox, Rothschild, O'Brien & Frankel, Hummelstown, Pa., for plaintiffs.

Joan K. Garver, U.S. Attys. Office, Philadelphia, Pa., Seth M. Barsky, U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, D.C., for defendant.


OPINION

CAHN, District Judge.

Plaintiffs are asking this court to set aside a determination by the Army Corps of Engineers ("Corps") that the New Hanover Corporation ("NHC") qualifies for a federal permit that would allow the filling of wetlands in order to construct a municipal waste landfill ("Landfill") in New Hanover Township. Plaintiffs allege that the Corps' determination that NHC had satisfied the requirements for a "nationwide" permit 26 ("NWP 26...

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