ELR Citation: ELR 21006
No(s). s. C-85-8615-CAL, -86-4187-CAL (N.D. Cal. Apr 24, 1987)

The court rules that where the Corps of Engineers' assertion of jurisdiction pursuant to §404 of the Federal Water Pollution Control Act is challenged in an action against the Corps or in an enforcement action brought by the Corps, the jurisdictional question shall be determined by the trial court ...