ELR Citation: ELR 20005
No(s). 73-1893 (5th Cir. Nov 14, 1973)

The Corps of Engineers did not abuse its discretion in denying a developer's application for a permit to fill submerged land for apartment building construction, and a lower court decision requiring the Corps to issue the permit is reversed. The district court erred in ruling that the proper standard for reviewing such administrative decisions is the substantial evidence rule in §706(2)(E) of the Administrative Procedure Act rather than the abuse of discretion provision in §706(2)(A). After an examination of the stipulated documentary evidence, the circuit court concludes that a remand would serve no purpose, since the Corps clearly did not abuse its discretion, and orders that the complaint be dismissed.

Counsel for Plaintiff
James E. Weber
Burns & Weber
325 Third St.
West Palm Beach, FL 33402

Counsel for Defendants
Lswrence E. Shearer
Department of Justice
Washington, DC 20530