District Court Holds U.S. Army Corps is Not Obligated Under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis

January 2020

Austin C. Cho Meredith E. Nikkel

California Water Law & Policy Reporter, Volume 30, Number 4


On November 4, 2019, the U.S. District Court for the Northern District of California granted summary judgment in favor of the United States Army Corps (Corps) and its defense of plans to dredge two shipping channels in the San Francisco Bay. The ruling by Judge Seeborg in San Francisco Bay Conservation and Development Comm’n v. U.S. Army Corps of Engineers (the Judgement) reinforces the final agency action requirement under the Administrative Procedure Act (APA) and identifies potential complications that may occur at the interstice of federal and state laws.

To read the full text, download and view a PDF. Austin and Meredith’s article appears on pages 103-105. Subscribers to the California Water Law & Policy Reporter can read the full article here.

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