RECENT FEDERAL DECISIONS

October 2006

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Development in Bald Eagle Habitat Permanently Enjoined; Developer Fined $1.3 Million under Clean Water Act
Center for Biological Diversity v. Marina Point Development Associates

Development in sensitive areas carries significant responsibilities and, often, significant penalties where those responsibility are not properly carried out. One of the latest examples of this concept arose through litigation in the Federal District Court for the Central District of California and involving development for a condominium project on the shores of Big Bear Lake, California (project). In addition to being fined $1.3 million for violations of the Clean Water Act, the developer was enjoined from any development on the project without prior court approval and ordered to undertake a variety of remedial measures prescribed by the U.S. Army Corps of Engineers.