ELR Citation: ELR 20938
No(s). 87-3916 (D.N.J. Mar 16, 1990)

The court holds that §404(c) of the Federal Water Pollution Control Act authorizes the Environmental Protection Agency (EPA) to veto a proposed after-the-fact permit as to land that has already been filled. The court bases its decision on statutory language and EPA regulations.

[A previous decision in this litigation is published at 20 ELR 20290.]

Counsel for Plaintiff
William J. Prout Jr., Michael S. Miller
Tompkins, McGuire & Wachenfeld
4 Gateway Ctr., Newark NJ 07102
(201) 622-3000

Counsel for Defendant
Paul G. Shapiro, Ass't U.S. Attorney
970 Broad St., Rm. 502, Newark NJ 07102
(201) 621-2700