Jump to Navigation
Jump to Content

jurisdictional determination

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

ELR Case

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...

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 (...

Hawkes Co. v. United States Army Corps of Engineers

ELR Case

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...

Hawkes Co. v. United States Army Corps of Engineers

ELR Case

A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat. The Corps issued its jurisdictional determination after the landowner sought...