Stoeco Development, Ltd. v. Department of the Army Corps of Engineers of the United States

OPINION

BASSLER, District Judge:

Plaintiffs Stoeco Development, Ltd., Stainton-Burrell Development, Ltd., the Shore Memorial Hospital and the Pennington School (“Stoeco”) move for a plenary hearing on the issue of whether the lands they are developing are “wetlands” within the meaning of the Clean Water Act, 33 U.S.C. § 1251 et seq., and 33 C.F.R. § 328.3(b). Defendant Department of the Army, Corps of Engineers, (“Corps”) cross-moves for partial summary judgment on the issue of the Stoeco’s liability for violating 33 U.S.C. § 1251 et seq. For the following reasons, the Corps’ motion is denied;…