Club v. Marsh

HORNBY, District Judge.

What remains in this lawsuit is the plaintiffs’ request that this Court suspend a United States Coast Guard permit for the construction of a causeway to Sears Island in upper Penobscot Bay. The plaintiffs contend that the project does not comply with section 9 of The Rivers and Harbors Act of 1899 (“RHA”), 33 U.S.C. § 401 (1988), because it does not have congressional approval. The proponent of the project, Maine Department of Transportation (“MDOT”), has intervened on behalf of the defendants.

The question is whether the Coast Guard’s action in issuing the permit…