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Commercial Developer: Citizen Suit Defense

We defended a property owner and developer who was the target of a citizen’s suit alleging violation of the Clean Water Act in connection with the development, permitting, and construction of a large residential development. Defense of the case required coordination with the U.S. Army Corps of Engineers, which also was named as a defendant in the action, and included extensive a number of depositions and motion practice. The issues involved wetland fill and remediation, defense of § 404 permits issued by the Corps and defense of the remediation for wetland fill that was undertaken at the time of the initial permitting and construction of the development.

The case ultimately was resolved in two stages – working in concert with the Corps, we were able to get all claims against the Corps dismissed, and then obtained a summary judgment of dismissal from of the entire case against our client.