On May 31, 2016, the U.S. Supreme Court substantially strengthened property rights for landowners whose property has been determined to contain wetlands subject to regulation under the Clean Water Act. In United States Army Corps of Engineers v. Hawkes Co., Inc., 578 U.S. __ (2016), the Court unanimously (8-0) held that an “approved jurisdictional determination” by the U.S. Army Corps of Engineers is a final agency action subject to judicial review.  As a result, landowners may now immediately challenge such determinations without having to first complete the exhausting, expensive, and uncertain Section 404 permitting process.
Continue Reading U.S. Supreme Court Unanimously Rules for Landowners Challenging Army Corps’ Wetlands Determination