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ALLENS CREEK/CORBETTS GLEN PRESERV. v. CALDERA

No. 98-CV-6136L.

88 F.Supp.2d 77 (2000)

ALLENS CREEK/ CORBETTS GLEN PRESERVATION GROUP, INC., et al., Plaintiffs, v. Louis CALDERA, Secretary of the United States Army, et al., Defendants.

United States District Court, W.D. New York.

March 22, 2000.

Attorney(s) appearing for the Case

David J. Seeger, Buffalo, NY, for Allens Creek/Corbetts Glen Preservation Group, Inc., Jean Baric, Kevin Parker, Evan J Felty, Gloria R Felty, Matthew Geherin, Betsy Geherin, Dominic Galliani, Rita Galliani, Judy Diciaccio, Andrea Diciaccio, William Enright, Clydine Enright, Chester Wilday, Berla Wilday, Jennifer Cieslinski, Jack Simms, plaintiffs.

Brian M. McCarthy, AUSA, United States Attorney, Rochester, NY, Michael Rowe, Department of Justice, Environmental & Natural Resources Div., Washington, DC, for United States Army Corps of Engineers, United States of America, defendants.

Paul David Sylvestri, Harter, Secrest & Emery, Rochester, NY, for Linden Associates, Linden Associates, LLC, defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

This action involves alleged violations of, inter alia, the Clean Water Act (CWA), 33 U.S.C. § 1251, et seq., by the United States Army Corps of Engineers ("the Corps"), which authorized the issuance of a permit for the filling of a wetland site, and by a private developer for its modifications to the site. In essence, this case was commenced because some members of the community near the...

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