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Belle Co. v. United States Army Corps of Engineers

ELR Citation: ELR 20175
Nos. 13-30262, (5th Cir., 07/30/2014)

The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains wetlands subject to regulation under the CWA. The lower court ruled that the JD is not a “final agency action” and therefore not reviewable under the APA....

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