Back Bay Restoration Foundation Successful – Army Corps Permit on Hold
Tuesday, July 9 – This afternoon Back Bay Restoration Foundation (BBRF) attorney, Doug Kahle, was pleased to announce that the Back Bay Restoration Foundation was successful in its efforts to obtain an injunction against the US Army Corps of Engineers regarding the permit for Ashville Park.
“Upon receipt of our Motion for Preliminary Injunction and Complaint, the DOJ [Department of Justice] spoke with the Corps and the developer. Clearly the DOJ believed we would prevail on our Motion for Preliminary Injunction so the DOJ convinced the Corps and the developer to refrain from conducting any work otherwise authorized by the permit until December, 2019, (and upon 30 days advance notice) by which time the Court will have ruled on our case in chief”, he said.
On June 20, 2019, the Back Bay Restoration Foundation (BBRF) filed a Motion for Preliminary Injunction in the United States District Court for the Eastern District of Virginia, to force the US Army Corps of Engineers (Corps) to rescind their permit allowing the City of Virginia Beach and a California developer from destroying wetlands in the Back Bay watershed for parking lots.
“We are pleased that the DOJ implicitly acknowledged that a preliminary injunction, recognized as an extraordinary form of relief, was likely to be granted thereby protecting these resources while the Court considered the merits our of case”, said Jared Brandwein, Executive Director of the Foundation.
Although BBRF has proposed solutions that would restore and increase wetlands in Ashville Park, a development in Virginia Beach, neither the Corps, the City nor the California Developer have allowed for a transparent process for public participation and alternative analysis. Faced with no avenues for discussion and actions by the Corps otherwise not in accordance with the laws and in violation of the Administrative Procedure Act, BBRF had no options other than to pursue legal action. “As the only non-profit group with a mission to conserve Back Bay, BBRF will continue to pursue legal relief until the Corps, City and developer agree to consider alternatives to outdated housing project development schemes”, said David Johnson, Board President.