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Hawkes Co., Inc. v. U. S. Army Corps of Engineers

ELR Citation: 47 ELR 20014
Nos. 13-107 ADM/TNL, (D. Minn., 01/24/2017) (Montgomery, J. )

A district court granted summary judgment in favor of a mining company in a case involving the U.S. Army Corps of Engineers' determination that wetlands intended to be mined of peat had a significant nexus to waters of the United States. The mine obtained an approved jurisdictional determination (JD) from the Corps stating that the property contained “waters of the United States." After appeal, the Supreme Court resolved a circuit split, holding that a Corps JD is a final agency action subject to judicial review under the APA. Upon review, the district court found that the Corps JD was "arbitrary and capricious" as it did not present sufficient evidence that the wetlands in question had a "significant nexus" to waters of the United States.