Davis Wetlands Bank, LLC v. United States

MEMORANDUM OPINION AND ORDER

BRADEN, Judge.

I. RELEVANT FACTUAL BACKGROUND. 1

On November 4, 1998, Davis Wetlands Bank, LLC (“the Bank”), the United States Army Corps of Engineers (“the Army Corps”), the United States Fish & Wildlife Service (“USFWS”), and the Virginia Department of Environmental Quality (“VDEQ”), established a wetlands mitigation bank, 2 pursuant to an Umbrella Memorandum of Agreement (“Umbrella Agreement”). Compl. ¶¶ 1, 19, Ex. B. The Umbrella Agreement “establish[ed] general provisions for the design, development, construction, use and monitoring of a compensatory wetland…