EDVA CASE TO WATCH: Back Bay Restoration v. US Army Corps of Engineers,


On June 20, 2019, the Back Bay Restoration Foundation, Ltd. filed suit seeking to enjoin a permit issued by the Army Corps of Engineers that would allow the construction of a parking lot, residential buildings, and trails in the Pungo neighborhood of Virginia Beach.  The Plaintiff Foundation, which claims 1,800 members on whose behalf the Foundation asserts its claims against the government, believes this construction may threaten the Back Bay National Wildlife Refuge.  The suit asserts that the issuance of the permit for this construction was done improperly without an Environmental Impact Statement or public hearing. Plaintiffs also seek a preliminary injunction to temporarily revoke the permit until the case can be decided.

In light of the motion for preliminary injunction, this may be a fast-moving case with immediate court action.  This is one we will keep an eye on. 

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