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DAVIS WETLANDS BANK, LLC v. U.S.

No. 13-268 C.

DAVIS WETLANDS BANK, LLC, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

December 16, 2013.

Attorney(s) appearing for the Case

Douglas E. Kahle , Wolcott Rivers Gates, Virginia Beach, Virginia, Counsel for Plaintiff.

Meen Geu Oh, United States Department of Justice, Civil Division, Washington, D.C., Counsel for Defendant.

MEMORANDUM OPINION AND ORDER

SUSAN G. BRADEN, District Judge.

I. RELEVANT FACTUAL BACKGROUND.1

On November 4, 1998, Davis Wetlands Bank, LLC ("the Bank"), the United States Army Corps of Engineers ("the Army Corps"), the United States Fish & Wildlife Service ("USFWS"), and the Virginia Department of Environmental Quality ("VDEQ"), established a wetlands mitigation bank,2 pursuant...

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