Case Analysis 2 Essay

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Center for Biological Diversity v. Marina Point Development Associates

In the 1980’s, Marina Point Development Associates acquired construction permits from the Big Bear Municipal Water District, the County of San Bernardino, the California Regional Water Quality Control Board, the California Department of Fish and Game and the Army Corps of Engineers, etc., for a condo project on the shoreline of Big Bear Lake in California. After 20 years of background work, the permits were in place and the developers began construction.
The Center for Biological Diversity opposed the project so they watched the process and took photos. They complained to the Corps that the construction violated terms of the permits. They claimed there was improper dredging along the lake, improper rock movement, improper use of silt screens along the lake edge, and a disturbance of trees that bald eagles use to habitat.
While the Corps ordered corrective actions from the developers, the Center for Biological Diversity continued to gather evidence of violations. The Center sued to prohibit further work on the project on the grounds of the Endangered Species Act and the Clean Water Act.
Marina Point moved to dismiss the case for lack of subject matter jurisdiction, which was denied. During the trial court, Marina Point was found to have violated the Endangered Species Act and the Clean Water Act and was prohibited from the continuation of its site development. Marina Point appealed.
The court of

Case 2 Analysis Essay

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