ELR Citation: ELR 20859
No(s). 81-3368 (5th Cir. Apr 30, 1982)

The court rules that appellants have no right to an evidentiary hearing to challenge a wetlands restoration plan imposed by the Army Corps of Engineers under the terms of a consent decree between appellants and the Corps. After the Corps' denial of a dredge and fill permit was upheld, 12 ELR 20860, appellants challenged the restoration plan. The court rejects appellants contention that the current owners of the property are indispensable parties. The court also rules that appellants have waived their right to a hearing because the court is not imposing a plan on them but is requiring them to comply with a plan that they agreed, in a consent decree, to accept. In addition, the court rules that the Corps was not arbitrary and capricious in devising the plan.

Counsel for Appellants
Karl E. Boellert
Camp, Carmouche, Palmer, Barsh & Hunter
P.O. Drawer 2001, Lake Charles LA 70602
(318) 433-0355

Counsel for Appellee
Francis O. Allen, Ass't U.S. Attorney
3B12 Fed. Bldg., Shreveport LA 71101
(318) 226-5277

Before RUBIN, SAM D. JOHNSON, and GARWOOD, Circuit Judges.