Pioneer Reserve, LLC v. United States

Clean Water Act; mitigation bank; contract; regulatory function; subject matter jurisdiction

OPINION

BRUGGINK, Judge.

Pioneer Reserve, LLC (“Pioneer” or “plaintiff’), presents this court with a breach of contract claim, Defendant, the United States Government, filed a motion to dismiss plaintiffs complaint, contending that plaintiff did not have a contract with the federal government and that we, therefore, do not have subject matter jurisdiction. The matter is fully briefed and we heard oral argument on November 6, 2014, For the reasons explained below, we deny defendant’s motion.

BACKGROUND 1

Pio…