4th Circ. Ruling May Allow Precon To Build On Wetlands

Law360, New York (January 26, 2011, 4:20 PM EST) -- The Fourth Circuit has revived Precon Development Corp. Inc.’s plan to fill in wetlands in Virginia, finding that the U.S. Army Corps of Engineers failed to establish Clean Water Act jurisdiction by showing the development’s effect on downstream water.

The U.S. Court of Appeals for the Fourth Circuit ruled Tuesday that the Corps did not adequately document how the wetlands, located some seven miles away from navigable water, impact the Northwest River, creating CWA jurisdiction and grounds to deny the permit.

Mulling for the first time...
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