SUSAN G. MARTIN, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant., No. CV 118-009, 2019 WL 166554 (S.D. Ga. Jan. 10, 2019) Before the Court is the United States’ motion to dismiss. The United States filed a statement of interest in this qui tam action and represents the interests of the Government, but it does not bring this motion on behalf of Defendant United States Department of Agriculture. The Court grants the Government’s motion to dismiss.
LOUISIANA CRAWFISH PRODUCERS ASS’N WEST; ET AL. v. MALLARD BASIN, INC.; ET AL. Additional Party Names: Atchafalaya Basinkeeper, Louisiana Envtl. Action Network, Todd T. Semonite, United States Army Corps of Engineers, Whiskey Bay Island, LLC, No. 6:10-CV-1085, 2019 WL 171693 (W.D. La. Jan. 10, 2019); The present matters before the Court are cross-motions for summary judgment filed by (1) Louisiana Crawfish Producers Association West, Atchafalaya Basinkeeper, and the Louisiana Environmental Action Network (collectively, “plaintiffs”) [do; (2) defendants Mallard Basin, Inc. (“Mallard Basin”) and Whiskey Bay Island, LLC (“WBI”) [doc. 288], and (3) the United States Army Corps of Engineers and Chief of Engineers Lieutenant General Todd T. Semonite, in his official capacity (collectively, “COE”) [doc. 292]. Also before the Court is plaintiffs’ Motion to Strike [doc. 297]. These motions were filed in two related cases that have been consolidated: a Clean Water Act private citizen suit (the “Lead Case”), and a separate challenge to the administrative actions of the COE (the “Member Case”). All motions have been fully briefed and are now ripe for decision.
This action began as a suit filed by Louisiana Crawfish Producers Association-West (“LCPAW”) and Atchafalaya Basinkeeper, an association dedicated to the environmental preservation of the Atchafalaya River Basin, against Mallard Basin and WBI,1 relating to a water control system operated by Mallard Basin in and around Fisher Lake. Doc. 1. An anonymous source reported the water control activities to the COE in 2009. Doc. 38, att. 3 (COE00001–02). The COE conducted a site inspection in March 2010 and observed, inter alia, a new pump designed to bring water from the Whiskey Bay Pilot Channel to a borrow canal for fishing and an area of wetlands known as Fisher Bottoms, which is used for duck hunting. Id. It then issued a cease and desist order relating to these activities.
H.R. 482: To authorize the Secretary of Agriculture to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho, and for other purposes. Info HERE