United States Army Corps of Engineers v. Hawkes Co., Inc. (5/31/16, No. 15-290)
In a widely anticipated decision in the wake of the Sackette v. EPA (132 S.Ct. 1367 (2012) decision, the U.S. Supreme Court decided that federal courts can
Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations, are present on a property is subject to judicial review.…
Wetland Jurisdictional Determinations: Reviewable or Not?
By Marc Bruner
Last week, the Supreme Court heard oral arguments in the case of United States Army Corps of Engineers v. Hawkes Co. (Supreme Court Case No. 15-290), which poses the question of whether a determination by the Army Corps that a…