ADVERTISING MATERIAL
Print Bookmark

Legal Alert: U.S. Supreme Court Rules Wetland Determinations are Appealable

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc. et al., the U.S. Supreme Court unanimously ruled that approved wetland jurisdictional determinations (JDs) by the U.S. Army Corps of Engineers (USACE) are appealable final actions.  This decision enables landowners to appeal JDs that they believe are unlawful soon after the determinations are made.  The Court’s decision (see link below) eliminates the Corps prior requirement that a JD could only be challenged after the landowner applies for and is denied a permit or after the landowner proceeds with development without a permit and faces an enforcement action. The direct appeal of a JD will save landowners wishing to challenge a JD considerable time, effort, and expense. 

Read more ...

TAGS: Clean Water Act, Wetland
CONTACT: Brian M. Babb

Legal Alert: Proposed Federal Rule on Waters of the United States

The terms “waters of the United States” and “navigable waters” play a critical role in defining the scope of federal programs that protect water resources nationwide.  These federal water protection programs have a direct and substantial impact on real estate development, construction activities, mining, farming and other commercial activities.

Read more ...

CONTACT: Brian M. Babb

Get Updates by Email

Topics

Subscribe to RSS

Contact Us

Recent Posts

Other KMK Blogs