ELR Citation: ELR 20756
No(s). CV-80-620-MML (C.D. Cal. Sep 16, 1980)

The district court stays further proceedings pending exhaustion of administrative remedies in a suit seeking a declaratory judgment that plaintiffs' fill activities are not within the jurisdiction of the Army Corps of Engineers. Plaintiffs, who failed to obtain a permit under §404 of the Federal Water Pollution Control Act prior to discharging fill material, contended that the filled land was not a wetland. The court finds that since the Corps has not had an opportunity to determine if it has jurisdiction over the filled land, judicial review is inappropriate. Furthermore, there is no evidence of irreparable harm, the Corps is not clearly without jurisdiction, and the agency's expertise will clearly assist the court in resolving the dispute.

Counsel for Plaintiffs
Frederick A. Fudacz
Nossaman, Krueger & Marsh
445 S. Figueroa Rd., Los Angeles CA 90071
(213) 628-5221

Counsel for Defendants
Howard Gest, Ass't U.S. Attorney
312 N. Spring St., Rm. 1269, Los Angeles CA 90012
(213) 688-2434