--- title: "SCOTUS Addresses WOTUS" canonicalUrl: "https://wyche.com/insights/blog/posts/scotus-addresses-wotus/" excerpt: "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…
Read More" datePublished: "2016-05-31T15:34:35-04:00" dateModified: "2024-05-24T16:05:30-04:00" --- - SCOTUS Addresses WOTUS [Home](https://wyche.com/) » SCOTUS Addresses WOTUS [** Gregory (Greg) J. English](https://wyche.com/author/genglish/) ** ** ** # 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](https://www.supremecourt.gov/opinions/15pdf/15-290_6k37.pdf). [*](https://wyche.com/author/genglish/) [## Gregory (Greg) J. English](https://wyche.com/author/genglish/) Greg works primarily in the area of commercial litigation, including corporate,  environmental, real estate and other commercial cases. His varied litigation experience includes over 50 jury and bench trials, plus numerous hearings on preliminary motions and injunctions, dispositive motions, and appeals in both state and federal courts.  RELATED ARTICLES [](https://wyche.com/insights/blog/posts/wyche-enhances-employment-practice-with-addition-of-ashley-parr/) ### [Wyche Enhances Employment Practice with Addition of Ashley Robertson Parr](https://wyche.com/insights/blog/posts/wyche-enhances-employment-practice-with-addition-of-ashley-parr/) GREENVILLE, SC (May 6, 2026) – Wyche, a full-service law firm with offices across South Carolina, is pleased to announce that Ashley Robertson Parr has [](https://wyche.com/insights/blog/posts/chambers-usa-recognizes-wyche-p-a-as-a-2026-leading-law-firm/) ### [Chambers USA Recognizes Wyche, P.A. as a 2026 Leading Law Firm](https://wyche.com/insights/blog/posts/chambers-usa-recognizes-wyche-p-a-as-a-2026-leading-law-firm/) GREENVILLE, SC (June 4, 2026) – Chambers USA has recognized Wyche and 16 of its attorneys in the 2026 edition of Chambers USA: America’s Leading [* View All](https://wyche.com/insights/news-stories/) ## Stay in Touch Join one our mailing lists and receive regular updates! [Subscribe to Updates](/subscription) ## Contact Us * * Send Message - [Our Philosophy](https://wyche.com/our-philosophy/) - [Unique Culture](https://wyche.com/our-unique-culture/) - [Client Service](https://wyche.com/wyche-difference/) - [Global Reach](https://wyche.com/global-reach/) - [Careers](https://wyche.com/careers/) - [Locations](https://wyche.com/locations) - [Centennial](https://wyche.com/wyche-100/) [Linkedin **](https://www.linkedin.com/company/wychepa/) [Facebook **](https://www.facebook.com/wychepa?ref=hl) [Instagram **](https://www.instagram.com/wychepa/)