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United States Army Corps of Engineers v. Hawkes Co.

ELR Case

The U.S. Supreme Court held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action subject to judicial review under the APA. The case arose in connection with the permitting process for a peat...

Hawkes v. U.S. Army Corps of Engineers: Is a Wetlands Jurisdictional Determination Reviewable Under the Administrative Procedure Act?

ELR Article

On March 30, 2016, the U.S. Supreme Court heard oral argument in Hawkes Co. v. U.S. Army Corps of Engineers. This case from the U.S. Court of Appeals for the Eighth Circuit asks whether a wetlands jurisdictional determination (...

Belle Co. v. United States Army Corps of Engineers

ELR Case

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...