Corps Jurisdictional Determinations Are Final Agency Action: Now What?

In a decision that was not a surprise based on oral argument, the Supreme Court today ruled that Army Corps of Engineers Jurisdictional Determinations concerning "waters of the United States" are final agency action subject to judicial review under the APA.  As we previously noted, this continues the Court's emphasis on the practical consequences of Corps decisions.  Indeed, Chief Justice Roberts noted that the Court's decision:

Because there is no denying the practical impact of JDs, today's decision was predictable.  However, I still wonder about its consequences.  Chief Justice Roberts acknowledged the Corps' argument that JDs are not statutorily required, so that the Corps could simply promulgate a new regulation eliminating the JD process, in which case property owners would be forced to risk enforcement action or apply for a permit.