United States v. Hallmark Construction Co.

MEMORANDUM OPINION AND ORDER

CONLON, District Judge.

The United States of America sues Hallmark Construction Company (“Hallmark”) for allegedly filling a five-acre isolated wetland (“Area B”) without obtaining authorization under Section 404 of the Clean Water Act, 33 U.S.C. § 1344. The government seeks restoration of Area B and/or mitigation to address the loss of wetland area. Hallmark argues there is no basis for federal jurisdiction over Area B, the United States is not a proper plaintiff, and the complaint is barred by the statute of limitations. Hallmark moved for summary judgment…