Flowers
Protect Our Water v. Flowers
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER
Plaintiffs brought this action pursuant to the Clean Water Act (“CWA”), 33 UJ3.C. §§ 1251 et seq.; the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq.; the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq.; and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq. to challenge the issuance by defendant U.S. Army Corps of Engineers (“Corps”) to defendant Diablo Grande Limited Partnership (“Diablo Grande”) of a permit 'for the dredge and fill of waters of the United States. Plaintiffs now move for a preliminary injunction and summary judgment on all claims; defendants have filed cross motions for summary judgment on all claims.
I. Factual and Procedural History
Plaintiff Protect Our Water (“POW”) is an unincorporated association formed for the preservation of environmental resources in California. (CmplJ 11(a)). Plaintiff San Joaquin Raptor/Wildlife Rescue Center (“Center”) is a non-profit membership organization formed to preserve wildlife habitat and the environment. {Id. ¶ 11(b)).
Defendants Lt. Gen. Robert B. Flowers, Commander of the Corps, and Michael J. Conrad Jr., District Engineer .for the Sacramento…