July 7, 2016

Supreme Court: Clean Water Act Jurisdictional Determinations Challengeable in Federal Court

Westlaw Journal Environmental
Rafe Petersen

Attorneys Elizabeth Lake, Rafe Petersen and Aaron Heishman discuss the May 2016 Supreme Court case United States Army Corps of Engineers v. Hawkes Co., Inc. that ruled jurisdictional determinations issued by the U.S. Army Corps of Engineers under the Clean Water Act constituted a final agency action that can be challenged in federal court, and the ramifications this ruling has for entities seeking to put property in productive use within the presence of jurisdictional "waters of the United States."

READ: Supreme Court: Clean Water Act Jurisdictional Determinations Challengeable in Federal Court

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