Tabb Lakes, Ltd. v. United States
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
MacKENZIE, Senior District Judge.
This matter is before the Court on the plaintiffs and defendants’ cross Motions for Summary Judgment. The issue is whether the Army Corps of Engineers (Corps) has jurisdiction to require a permit in this case.
Originally plaintiff, Tabb Lakes, Ltd. (Tabb Lakes), sought a permit under section 404 of the Clean Water Act (CWA), in October, 1986, requesting permission to fill portions of its property for development purposes. 33 U.S.C. § 1344. While a decision was pending, Tabb Lakes withdrew its permit application in August 1987 on grounds that…
2Cases cited8 opinions
- Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
- Richard Pickus v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1974
- American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
- Brown Express, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1979
- American Bus Association v. United States of America and Interstate Commerce Commission, Maislin Transport Ltd., Sanborn's Motor Express, Inc., Intervenors. Regular Common Carrier Conference v. United States of America and Interstate Commerce Commission, Chemical Leaman Tank Lines, Inc., Butler Trucking Company, Maislin Transport Ltd., Sanborn's Motor Express, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1980
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3Cited by10 opinions
- Tabb Lakes, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 1993
- Leslie Salt Co., a Delaware Corporation Cargill, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Tabb Lakes, Inc. v. United StatesUnited States Court of Claims · 1992
- Salt Pond Associates v. United States Army Corps of EngineersDistrict Court, D. Delaware · 1993
- Vigil Ex Rel. Vigil v. RhoadesDistrict Court, D. New Mexico · 1990
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