DEERFIELD PLANTATION v. ARMY CORPS OF ENGINEERS

Civil Action No. 4:09-cv-01023-RBH.

801 F.Supp.2d 446 (2011)

DEERFIELD PLANTATION PHASE II-B PROPERTY OWNERS ASSOCIATION, INC., Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, Charleston District; Lt. General Robert L. Van Antwerp, in his official capacity as Chief of Engineers, U.S. Army Corps of Engineers; Lt. Colonel Trey Jordan, in his official capacity as District Engineer, U.S. Army Corps of Engineers, Charleston District; United States Environmental Protection Agency; Lisa P. Jackson, in her official capacity as Administrator of the U.S. Environmental Protection Agency; A. Stanley Meiburg, in his official capacity as Acting Regional Administrator, Region IV, U.S. Environmental Protection Agency; Deertrack Golf, Inc., Defendants.

United States District Court, D. South Carolina, Florence Division.

July 12, 2011.


Attorney(s) appearing for the Case

Amy Elizabeth Armstrong , SC Environmental Law Project, Pawleys Island, SC, James Stuart Chandler, Jr. , Michael G. Corley , Simmons Law Firm, Columbia, SC, for Plaintiff.

Adam J. Katz , U.S. Department of Justice Environmental Defense Section, Washington, DC, Raymond Emery Clark , U.S. Attorneys Office, Columbia, SC, Mary Duncan Shahid , McNair Law Firm, Charleston, SC, Richard Michael Smith , McNair Law Firm, Georgetown, SC, for Defendants.


ORDER

R. BRYAN HARWELL, District Judge.

This case involves Deerfield Plantation Phase II-B Property Owners Association, Inc.'s ("Deerfield") challenge to a determination by the United States Army Corps of Engineers ("Corps") that it has jurisdiction and regulatory authority, under the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., over only 0.37 acres (920.07 linear feet) of waters on property...

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