Farm's Suit Claims Corps Lacks Authority For CWA Enforcement Actions

摘要

A California farm whose suit over its alleged Clean Water Act (CWA) violations tests a host of legal questions on CWA jurisdiction and agriculture exemptions is mounting a new argument that the Army Corps of Engineers lacks the power to bring enforcement actions over CWA violations unless they involve a Corps-issued permit. The farm, Duarte Nursery, filed a new motion to dismiss the Corps' claims against it on July 23 in Duarte v. Corps, which is slated for trial in the U.S. District Court for the Eastern District of California on Aug. 15. It says any court action by the Corps over Duarte's alleged filling of wetlands without a permit is invalid because the CWA gives enforcement authority over unpermitted releases to EPA, even when they would be subject to the dredge-and-fill permit program administered by the Corps. The motion is available on InsideEPA.com. (Doc. ID: 203806).