Legal Opinion

Duarte Nursery, Inc. v. United States Army Corps of Engineers

District Court, E.D. California

Decided April 23, 2014No. CIV. S-13-2095 LKK/DADPublishedCited by 3 opinions

1Opinion of the Court

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiffs own the property that is the subject of this action, and operate it as a *1015nursery growing and selling nursery stock to farmers and others. Complaint (ECF No. 1) ¶ 7.

On February 25, 2013, defendant U.S. Army Corps of Engineers (“Corps”) wrote to plaintiff, stating that it had “determined that you have discharged dredged or fill material into ... waters of the United States, without a [required] Department of the Army (DA) permit,” in violation of Section 404, 33 U.S.C. § 1344, of the Clean Water Act (“the Act”). See Exhibit A (ECF No.…

2Cases cited46 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Conley v. GibsonSupreme Court of the United States · 1957
  5. Neitzke v. WilliamsSupreme Court of the United States · 1989

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3Cited by3 opinions

  1. Blain v. Liberty Mutual Fire Insurance CompanyDistrict Court, S.D. California · 2023
  2. McCullough v. City and County of San FranciscoDistrict Court, N.D. California · 2024
  3. United States v. LaPantDistrict Court, E.D. California · 2022

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