Friends of the Crystal River v. U.S. Environmental Protection Agency

OPINION

ENSLEN, District Judge.

I. Introduction

This case is before the Court on plaintiffs’ claims for injunctive and declaratory relief under counts I and III of their complaint. Pursuant to section 404(j) of the Clean Water Act, 33 U.S.C. § 1344(j), plaintiffs challenge the legality of the United States Environmental Protection Agency’s (EPA) decision to withdraw its longstanding objections to the State of Michigan issuing a “dredge and fill” permit to Kuras Properties, Inc. (Kuras) for the purpose of constructing an 18-hole golf course at the Homestead Resort adjacent to the Sleeping Bear…