A condo project on the shoreline of Big Bear Lake, California, began in the early 1980s. Developers

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A condo project on the shoreline of Big Bear Lake, California, began in the early 1980s. Developers obtained multiple 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, among others. After 20 years of background work, permits were in place and construction began. The Center for Biological Diversity and other opponents of the project watched the process, took photos, and complained to the Corps and other agencies that the construction process violated terms of some permits. There was improper dredging along the lake, improper rock movement, improper use of silt screens along the lake edge, and disturbance of trees used as habitat by bald eagles on the endangered species list. The Corps ordered corrective actions. The Center kept gathering evidence of violations and sued to enjoin further work on the project.

1. The court found the developer in violation of the ESA and CWA. It imposed a fine and ordered construction stopped without court permission.
Do you think the developer knew it was likely in violation of some environmental rules?
2. Why do you suppose the Army Corps or some other agency did not step in earlier, rather than wait for a private party to enforce the law?

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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