SCOTUS Addresses WOTUS

The Supreme Court of the United States (SCOTUS) has ruled that property owners have a right to immediate judicial review of jurisdictional wetlands determinations made by the U.S. Army Corps of Engineers. On May 31, 2016, SCOTUS issued an 8-0 opinion in U.S. Army Corps of Engineers v. Hawkes Company. The Corps had determined that Hawkes Company could not use its property for peat farming without first obtaining a federal wetlands permit under the Environmental Protection Agency’s “Waters of the United States” (WOTUS) rule and could not challenge that determination until after obtaining the permit. Despite the Corps’ position, SCOTUS agreed with the property owner that the Corps’ Jurisdictional Determination is subject to immediate judicial review under the federal Administrative Procedure Act. The full decision is available here.