The federal government is making an attempt to halt the lawsuit regarding a dock on Cumberland Island before the suit gets too far. On July 12, Assistant U.S. Attorney Patrick Schwedler filed a motion to dismiss, arguing that the U.S. District Court in Brunswick doesn’t have subject-matter jurisdiction to handle the case.
“The (Center for a) Sustainable Coast pleads two bases for subject-matter jurisdiction: the Cumberland National Seashore Enabling Act … and the Administrative Procedure Act…,” according to the motion. “Neither suffices. Sovereign immunity shields (the National Park Service) from suit under the Seashore Enabling Act and the APA’s limited sovereign immunity waiver is not applicable because the Sustainable Coast is not challenging final agency action.
“And, even if it is, the Sustainable Coast lacks standing because its injury was not caused by NPS and is not redressable by this court.”
Part of the reason is that, the Department of Justice argues, a result in this case is dependent in a plaintiff-friendly result in Fulton County Superior Court, where CSC filed suit accusing the company constructing the dock, Lumar, of violating the state Coastal Marshlands Protection Act.
Meanwhile, CSC is asking the federal court to order the NPS to set aside its letter to Lumar allowing the company to construct a dock on the island.
“The Sustainable Coast claims that if it prevails in Fulton County, Lumar will need to seek a (state Coastal Resources Division) dock permit,” the motion states. “Only then will the relief requested in the instant action potentially matter. In particular, if Lumar loses in Fulton County and seeks a permit from GCRD, the Sustainable Coast hypothesizes GCRD will be less likely to green-light the dock without the letter.”
The argument in the motion is that CSC’s desired outcome is contingent on at least four different results, none of which are controlled by the NPS or the federal court.
Because of this motion to dismiss, the defense made and the plaintiffs did not oppose a motion to stay discovery until the court rules on the motion to dismiss.
In other federal matters, a Brunswick woman is the subject of an indictment by a federal grand jury in Texas for allegedly carrying 88 kilograms of methamphetamine into the United States from Mexico. Lidia Maria Nandi Bibiano was originally charged in late June through a criminal complaint.
According to the complaint, Nandi appeared at the Lincoln Juarez Bridge II crossing at Laredo, Texas, around 10:45 p.m. June 28 in a Dodge Caravan with Georgia registration. The filing reports she said she had nothing to declare at customs.
“Nandi stated she was traveling from Monterrey, Nuevo Leon, Mexico, where she had spent two weeks with family members celebrating Father’s Day and attending dentist appointments,” according to the complaint. “When questioned about her travel, Nandi would start answering questions and then go off on a completely different topic. Nandi was also wearing very revealing clothing. Nandi was referred to secondary inspection for further inspection.”
U.S. Customs and Border Protection officers later found “bundles of a substance” in a modified compartment in the floor behind the driver’s seat that field tested for meth.
She’s was indicted on charges of conspiracy to of import 50 grams or more of methamphetamine or 500 grams or more of a mixture containing meth, and importation of the same. Both counts carry mandatory minimum sentences of 10 years in prison and five years of supervised release.