Center for Biological Diversity v. Marina Point Development Co.

BACKGROUND

Marina Point’s 12.51 acre development project site is located on the north shore of Big Bear Lake and the east shore of Grout Bay in the San Bernardino Mountains. The property extends from the edge of the trees to the lake. The land area, known as “Cluster Pines,” had functioned as a tavern, recre- ational vehicle park, campground, and licensed commercial marina from the early 1950’s until 2001. Marina Point acquired the property in 1989 in order to develop a residential condominium project upon it.

After acquiring the property, Marina Point began securing permits. The United States Army Corps of Engineers (Corps) 1 The CWA is codified at 33 U.S.C. §§ 1251-1387. More particularly, the claims were brought under 33 U.S.C. §§ 1311, 1342, and 1344. 2 The ESA is codified at 16 U.S.C. §§ 1531-1544. More particularly, the claims were brought under 16 U.S.C. §§ 1538 and 1540. 9926 CENTER FOR BIOLOGICAL v. MARINA POINT DEVELOPMENT solicited public comment, and ultimately concluded that the planned development could go forward. The Corps stated that the United States Fish and Wildlife Service (FWS) had ulti- mately determined that the upland portion of the site was not a…