ELR Citation: ELR 20920
No(s). 89-10064-CIV-King (S.D. Fla. Jan 22, 1990)

The court holds that the Army Corps of Engineers' negative response to a landowner's request for confirmation that the nationwide Federal Water Pollution Control Act dredge and fill permit applies to the landowner's property is not final agency action. Even if the Corps' response were considered agency action, the response is not reviewable because it is not "final" within the meaning of the Administrative Procedure Act. The Corps' response to a request for confirmation is merely advisory and has no binding legal effect on a potential permittee. Judicial review is available only if the Corps takes enforcement action or issues a decision on an individual permit application.

Counsel for Defendants
John M. Lipshultz
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2338

Counsel for Plaintiff
Anthony J. O'Donnell
Akerman, Senterfitt & Eidson
One Brickell Sq., 24th Fl., 801 Brickell Ave., Miami FL 33131
(305) 374-5600