Track 12, Inc. v. District Engineer, US Army Corps of Engineers

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Plaintiff, Track 12, Inc., brought this action against the District Engineer, United States Army Corps of Engineers (the “Corps”). Plaintiff seeks review of defendant’s order, made pursuant to the Clean Water Act, 33 U.S.C. § 1344, denying plaintiff permission to place fill material on a parcel of land it wishes to prepare for development. Plaintiff also seeks declaratory and injunctive relief. It alleges federal question jurisdiction pursuant to 28 U.S.C. § 1331. Defendant has counterclaimed for injunctive relief and civil…