The U.S. Army Corps of Engineers and Martin Mayer, Chief of the Regulatory Division in the New Orleans District, are facing a lawsuit filed by Juban Land Holdings, LLC and Juban Trails Development, LLC. The lawsuit pertains to a dispute over property owned and developed by the plaintiffs. The case was filed in the United States District Court for the Eastern District of Louisiana.
The complaint alleges that the defendants have made decisions regarding wetlands jurisdictional determinations and Clean Water Act Section 404 permits which have negatively impacted the plaintiffs. As per Clean Water Act Section 404, a permit from the Corps is required for discharging dredged or fill material into navigable waters at specified disposal sites.
The plaintiffs argue that they should have been allowed to request a jurisdictional determination from the Corps to determine if their land contained wetlands requiring such a permit. They also allege that Mayer is responsible for approving these determinations and permits, making both him and the Corps liable for any negative consequences arising from their actions.
This case brings attention to ongoing debates about environmental regulations, property rights, and development practices.