The court of appeals vacated in part and reversed in part a judgment of the district court. The court held in an amended opinion that defects in statutory notices, and timely enforcement action by a federal agency followed by a developer’s corrective measures, deprived the district court of jurisdiction to hear a citizen’s action under the Clean Water Act.
Marina Point Development Associates and other developers (Marina Point) sited a residential development project on a lake shore. The developers secured a permit from the Army Corps of Engineers (Corps) to strengthen the shoreline by dredging material to use as fill.
