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Hawkes Co. v. United States Army Corps of Engineers
The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose after a company sought to mine peat from wetland property owned by two affiliated companies in northwest...
Shell Offshore, Inc. v. Greenpeace, Inc.
A district court granted an oil company's motion for a temporary restraining order barring environmental activists from entering a 1,000 meter "safety zone" around three drilling vessels in the U.S. exclusive economic zone. The company alleged that Greenpeace USA is acting in concert with Greenpeace...