Legal Opinion
Bahia Park, S.E. v. United States
District Court, D. Puerto Rico
Decided September 30, 2003No. Civil 98-1940(JAG)PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
GARCIA-GREGORY, District Judge.
Pending before the Court are the parties’ cross-motions for summary judgment, as well as their opposition and reply briefs. (Docket Nos. 29, 36, 40, 49.) The question for review is whether the United States Army Corps of Engineers’ (the “Corps”) decision to deny a permit application submitted by plaintiff Bahia Park, S.E. (“Bahia Park”) for the proposed development of a medium-income apartment project in Cataño, Puerto Rico, was arbitrary and capricious. The Corps concluded, pursuant to the Clean Water Act (“CWA”), 33 U.S.C. § 1311(a), that the…
2Cases cited20 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Camp v. PittsSupreme Court of the United States · 1973
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
- Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
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3Cited by2 opinions
- Alliance for Legal Action v. United States Army Corps of EngineersDistrict Court, M.D. North Carolina · 2004
- Northwest Bypass Group v. U.S. Army Corps of EngineersDistrict Court, D. New Hampshire · 2008