Pioneer Reserve, LLC v. United States

Clean Water Act; mitigation bank; contract interpretation; incorporation of contract terms; breach of contract; 38 C.F.R. § 332.3

OPINION

BRUGGINK, Judge.

Pioneer Reserve, LLC (“Pioneer” or “plaintiff’) brings this breach of contract case against the United States Government (“defendant”) pursuant to the Tucker Act, 28 U.S.C. § 1491. Plaintiff, the sponsor of the Pioneer Reserve Wetland Mitigation Bank, claims that the Umbrella Mitigation Banking Instrument (“UMBI”) entered into between Pioneer and the United States Army Corps of Engineers, Alaska District (“Corps”), was an enforceable contract…