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ARTICLE · 11 DECEMBER 2015

Supreme Court Docket Report - December 11, 2015

Mayer Brown
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Administrative Procedure Act – Finality of Approved Jurisdictional Determinations Over Wetlands and Bodies of Water

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Brian Netter
Brian Netter
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Today, the Supreme Court granted certiorari in one case of interest to the business community:

Administrative Procedure Act – Finality of Approved Jurisdictional Determinations Over Wetlands and Bodies of Water

United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290

The Administrative Procedure Act permits judicial review of a "final agency action for which there is no other adequate remedy in a court." Landowners may ask the Army Corps of Engineers to issue an "approved jurisdictional determination" whether the Corps has regulatory jurisdiction over a particular wetland or body of water. If the Corps determines that it has jurisdiction, the landowner must obtain a permit from the Corps pursuant to Section 404 of the Clean Water Act or risk civil and criminal penalties for discharging materials into the water without a permit. The Corps found that it had jurisdiction over wetland that Hawkes wishes to mine for peat. Hawkes sought judicial review

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