Legal Opinion

Acquest Wehrle LLC v. United States

District Court, W.D. New York

Decided June 20, 2008No. 06-CV-654C(SR)PublishedCited by 2 opinions

1Opinion of the Court

JOHN T. CURTIN, District Judge.

In this action brought pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-06, plaintiff Acquest Wehrle LLC seeks a determination that its real property located at 2190 and 2220 Wehrle Drive in the Town of Amherst, New York, is exempt from the wetlands regulation provisions of the Clean Water Act (“CWA”), 42 U.S.C. § 1344, et seq. Defendants United States of America, United States Environmental Protection Agency (“EPA”), and United States Army Corps of Engineers (the “Corps”) (collectively, the “Federal Defendants”) have moved to dismiss the…

2Cases cited19 opinions

  1. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Block v. Community Nutrition InstituteSupreme Court of the United States · 1984
  4. Franklin v. MassachusettsSupreme Court of the United States · 1992
  5. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980

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3Cited by2 opinions

  1. Hawkes Co. v. United States Army Corps of EngineersDistrict Court, D. Minnesota · 2013
  2. Goureau v. LemonisDistrict Court, S.D. New York · 2021

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