Supreme Court Again Sinks Government on Wetlands

On May 31, 2016, the U.S. Supreme Court unanimously ruled against the federal government in Hawkes Co., Inc. v. U.S. Army Corps of Engineers, holding that property owners seeking to develop potential federal wetlands on their property may immediately challenge in federal court approved jurisdictional determinations (“JD”) by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act.  The Court rejected the government’s position that JDs are not final agency actions. 

Please click here to visit our Envirostructure blog post for a brief analysis of the decision and its implications going forward for developers in and around potential jurisdictional wetlands.