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.
Recent Court Decision Highlights Danger of Client’s Use of AI in Connection with Pending Litigation
Article by: Wallace Lightsey, Josh Lonon, Matthew Richardson, and Austin Coward A highly respected federal judge in New York just issued a decision that a
