Posts tagged U.S. Army Corps of Engineers.
Can you appeal a U.S. Army Corps of Engineers' jurisdictional determination ("JD") that a water feature constitutes waters of the United States? The Administrative Procedures Act allows such an appeal if it is determined that no further action is available in court. However, the Corps has historically taken the position that its jurisdictional determination is not appealable and it is only when a permit is denied that one can challenge the jurisdictional determination. On December 11, 2015, the Supreme Court granted certiorari in United States Army Corps of Engineers v. Hawkes ...
Posted in: Environmental Law Cases, Supreme Court
Tags: Administrative Procedures Act, Bennett v. Spear, clean water act, jurisdictional determination, Minnesota Department of Natural Resources, Sackett v. EPA, U.S. Army Corps of Engineers, United States Army Corps of Engineers v. Hawkes Co
The Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published their Final Rule defining "waters of the United States" on June 29, 2015. The rule becomes effective on August 28, 2015. The rule was pre-published on May 27, 2015 by EPA and the Corps (the "Agencies"), and it has already received unprecedented attention. The Clean Water Act's jurisdiction relates to "navigable waters" which is defined by Congress only as "Waters of the United States or the territorial seas." This vague definition has created substantial confusion to ...
Posted in: Environmental Law Cases, Water Regulations
Tags: environmental law, Environmental law blog, epa, U.S. Army Corps of Engineers, Waters of the U.S.