National Wildlife Federation v. United States Army Corps of Engineers

MEMORANDUM

TRAUGER, District Judge.

Pending before the court is the defendants’ Motion to Dismiss Plaintiffs’ Complaint (Docket No. 26), to which the plaintiffs have responded (Docket No. 29), and the defendants have replied (Docket No. 32). For the reasons discussed herein, the defendants’ motion will be granted.

FACTUAL BACKGROUND and PROCEDURAL HISTORY

On September 11, 2002, the Army Corps of Engineers (“Corps”) issued a jurisdictional determination that the wetlands adjacent to the Upper Cumberland Regional Airport (“UCRA”) were not “waters of the United States,” such as would be necessary to…