ELR Citation: ELR 20418
No(s). 94-1846(HL) (D.P.R. Sep 3, 1997)

The court orders an injunction under the Rivers and Harbors Act (RHA) compelling owners of houseboats and other floating structures to remove the structures from navigable waters located in a nature reserve in Puerto Rico. The RHA prohibits the creation of any obstruction to the navigable capacity of U.S. waters without a §10 permit from the U.S. Army Corps of Engineers, and gives the Corps broad discretion on whether to issue the permits. The court first holds that the Corps' determination that the houseboats are permanently moored floating vessels is not arbitrary and capricious. The Corps considered the intended use, navigability, and construction of the houseboats. These are all relevant factors, and it is not apparent that the Corps made a clear error of judgment in its consideration. Moreover, the environmental impact of the houseboats provides further support for the Corps' decision. During the after-the-fact permit process, the Corps solicited comments from various agencies, and all responding agencies objected to the presence of the houseboats because of their environmental impact on the nature reserve. The court next holds that owners who acquired their houseboats after the application proceedings and owners who received no-permit-required letters from the Corps were not denied their due process rights by the Corps' decision. RHA §10 makes it unlawful to moor a structure in navigable waters without a permit. Regardless of what administrative proceedings have already been taken, regardless of when each owner acquired his or her structure, and regardless of whether the owner received a no-permit-required letter, no houseboat owner has a permit to moor in the nature reserve.

Counsel for Plaintiff
Isabel Munoz-Acosta, Ass't U.S. Attorney
U.S. Attorney's Office
452 Federal Office Bldg.
150 Carlos E. Chardon Ave., Hato Rey PR 00918
(787) 766-5656

Counsel for Defendants
Daniel F. Lopez-Romo
225 Presidente Ramirez, San Juan PR 00919
(787) 753-2300