Craig et al v. United States Army Corps of Engineers et al

Filing 30

ORDER re 29 MOTION for Clarification of 26 Order denying 12 Motion to Dismiss. Signed by Honorable Joseph F. Anderson, Jr. on 02/04/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
William F. Craig, III,
and F. Ragin Craig,

C/A No. 0:13-cv-01767-JFA

Plaintiffs,
vs.
ORDER
United States Army Corps of Engineers,
Charleston District; the United States
Environmental Protection Agency; Lt. Gen.
Thomas P. Bostick, in his official capacity as
chief of engineers of the U.S. Army Corps of
Engineers; Lt. Col. John T. Litz, in his official
capacity as district engineer of the U.S. Army
Corps of Engineers, Charleston District; Gina
McCarthy, in her official capacity as
administrator of the U.S. Environmental
Protection Agency; Heather McTeer Toney, in
her official capacity as regional administrator
Region 4 of the U.S. Environmental Protection
Agency; and Robert D. Lesslie,
Defendants.

This matter comes before the court on a motion for clarification filed by the United States
Army Corps of Engineers, Charleston District; the United States Environmental Protection
Agency; Corps officials Lt. Gen. Thomas P. Bostick and Lt. Col. John T. Litz; and EPA officials
Gina McCarthy and Heather McTeer Toney1 (collectively “Federal Defendants”). ECF No. 29.
Specifically, Federal Defendants seek clarification on this court’s order, ECF No. 26, denying
their motion to dismiss the complaint. Id. In the order, the court points out that there can be no
claim under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701–06, when a valid

1

Pursuant to Federal Rule of Civil Procedure 25(d), Heather McTeer Toney replaces Acting
Administrator A. Stanley Meiburg.

1

citizen suit has been asserted under the Clean Water Act (“CWA”), 33 U.S.C. § 1251, et seq.
Because this court found that William F. Craig, III, and F. Ragin Craig (“Plaintiffs”) have a
cognizable claim under the CWA citizen-suit provision, 33 U.S.C.§ 1365, the court deemed their
APA claim as moot.
IT IS SO ORDERED.

February 4, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

2